Civil Rights

AP Government: Civil Rights – Final Review Study Guide

Key Vocabulary – Understand These First

  • Civil Rights: Rights that protect individuals from discrimination based on race, gender, religion, etc., and ensure equal treatment under the law.

  • Suspect Classification: Categories like race or ethnicity that trigger strict scrutiny because they are often used to discriminate.

  • Strict Scrutiny: The highest level of court review; a law must serve a compelling government interest and be narrowly tailored (used for race-based distinctions).

  • Separate-but-Equal Doctrine: From Plessy v. Ferguson (1896) – allowed racial segregation if facilities were “equal.” Overturned by Brown v. Board (1954).

  • De Jure Segregation: Racial separation by law (e.g., Jim Crow laws).

  • De Facto Segregation: Racial separation by practice or social/economic conditions, not by law (e.g., housing patterns).

  • Civil Disobedience: Peacefully breaking unjust laws to protest inequality (e.g., Rosa Parks, sit-ins).

  • Police Powers: State power to regulate behavior for the health, safety, and morals of citizens—can conflict with civil rights.

  • Equality of Result: The idea that society must take steps to equalize outcomes (e.g., affirmative action).

  • Equality of Opportunity: Everyone should have the same starting point, not necessarily the same outcome.

  • Affirmative Action: Policies that give preference to minorities or women in jobs, education, etc., to make up for past discrimination.

  • Reverse Discrimination: Claim that affirmative action unfairly discriminates against majority groups (usually white males).

Key Topics and Cases

1.

Plessy v. Ferguson (1896)

  • Facts: Plessy (1/8 Black) sat in a whites-only rail car; arrested.

  • Ruling: Upheld segregation laws under “separate but equal” doctrine.

  • Impact: Legalized segregation; lasted for decades.

2.

Test Cases Before Brown v. Board

  • NAACP used a strategy of challenging unequal facilities:

    • Missouri ex rel. Gaines v. Canada (1938): Denied admission to law school due to race.

    • Sweatt v. Painter (1950): Black law school was not equal to white one.

    • McLaurin v. Oklahoma (1950): Segregated graduate students within the same school.

3.

Brown v. Board of Education (1954)

  • Ruling: Overturned Plessy, declared separate schools are inherently unequal.

  • Unusual Rationale: Focused on psychological damage and social science data rather than strict legal arguments.

  • Used to avoid direct confrontation with legal precedent and build public support.

4.

Swann v. Charlotte-Mecklenburg (1971)

  • Ruling: Allowed busing and racial quotas to enforce desegregation.

  • Set guidelines:

    • School boundaries could be redrawn.

    • Predominantly Black schools must be monitored.

    • No rigid rules; flexibility allowed to fix imbalance.

5.

Four Key Developments That Broke Congressional Deadlock

:

  1. Public opinion began to shift (TV showed injustices).

  2. Violent backlash against peaceful protests shocked the nation.

  3. JFK’s assassination gave momentum to LBJ’s push for civil rights.

  4. 1964 congressional elections brought in more civil rights supporters.

6.

Five Provisions of the Civil Rights Act of 1964

:

  1. Banned discrimination in public places (restaurants, hotels).

  2. Outlawed employment discrimination based on race, gender, religion.

  3. Withheld federal funds from discriminatory programs.

  4. Strengthened power to enforce school desegregation.

  5. Created the EEOC (Equal Employment Opportunity Commission).

7.

Reasonableness vs. Strict Scrutiny

  • Reasonableness Standard: For laws about age, income, etc.—must be logical.

  • Strict Scrutiny: Used when the law involves race or ethnicity—must serve a compelling interest and be narrowly designed.

8.

Court Standards Based on Groups

  • Race: Strict scrutiny (very hard to justify racial distinctions).

  • Gender: Intermediate scrutiny—must serve important government interest (Reed v. Reed).

  • Others (age, income): Reasonableness test—more relaxed.

9.

Sexual Harassment (EEOC Standards)

  • Quid Pro Quo: Job benefits tied to sexual favors. Employers are always liable.

  • Hostile Work Environment: Repeated offensive behavior creates toxic space. Employers liable if they knew and didn’t act.

10.

Roe v. Wade (1973) – Trimester Framework

  • Based on right to privacy (not explicitly in Constitution, but inferred from several amendments).

    • 1st Trimester: No restrictions allowed.

    • 2nd Trimester: States can regulate to protect mother’s health.

    • 3rd Trimester: States can ban abortion unless mother’s life is in danger.

11.

Post-Roe Restrictions Allowed

  • Parental consent (with judicial bypass).

  • 24-hour waiting periods.

  • Mandatory counseling.

  • No “undue burden” allowed (Planned Parenthood v. Casey, 1992).

12.

Five Requirements for Naturalization

  1. 18+ years old

  2. Lawful permanent resident for 5 years

  3. Physically present for at least half of that time

  4. Good moral character

  5. Pass English and civics test/interview

13.

Affirmative Action – Emerging Standards

  1. Race can be one factor, not the only one (Bakke).

  2. No rigid quotas (Bakke, Gratz v. Bollinger).

  3. Must be narrowly tailored to serve a compelling interest (Grutter v. Bollinger).

  4. Diversity in education can be a legitimate interest.

  5. Must show that past discrimination still has present effects.

14.

Compensatory Action vs. Preferential Treatment

  • Compensatory Action: Helping disadvantaged people get equal footing (e.g., extra training, outreach).

  • Preferential Treatment: Giving advantage based solely on race/gender (e.g., quotas)—often ruled unconstitutional.

  • Debate: Should we focus on equal opportunity or force equal outcomes?