Rational Basis Test – court seek to determine whether a law is “rationally related” to a “legitimate government interest.” (i.e. age limits for getting a driver’s license, drinking age)

Substantial Relationship (Intermediate) Test – Laws that classify based on gender must show a close connection between the law and its purpose & it must serve an important government interest.

Strict Scrutiny Test - If the classification of one group is based on race, national origin, or citizenship status…or if it abridges a fundamental right (such as religion) then must serve a compelling interest and be “narrowly tailored” to achieve that specific interest or it will be found unconstitutional.

Dred Scott v. Sandford (1857) - Opinion of the Court: Slaves were not considered citizens...slaves were considered property

The Reconstruction Amendments (13th, 14th, & 15th) 1865-1870

13th – Abolished Slavery

14th – All persons born in the U.S. declared citizens (undoing Dred Scott), granted “equal protection” of the laws and “due process” if being denied life, liberty, or property by the state…

15th – Black male suffrage

Civil Rights Act of 1875 - A law that gave “Full and equal enjoyment” of many public spaces & forbid discrimination in hotels, trains, etc... It was the last civil rights bill to be signed into law by the federal government until the passage of the Civil Rights Act of 1957 during the Civil Rights Movement.

Civil Rights Cases 1882 - Declared portions of the Civil Rights Act of 1875 unconstitutional - Court held the Equal Protection Clause within the 14th Amendment prohibits discrimination by the state and local government, but it does not give the federal government the power to prohibit discrimination by private individuals and organizations.

Plessy v. Ferguson (1896) – “Separate, but equal.”

Jim Crow Laws - Laws passed to encourage racial segregation directed against blacks at the end of the 19th century.

19th Amendment (1919) – Women’s Suffrage

Korematsu v. U.S. (1944) - Fred Korematsu: American-born, Japanese ancestry, grew up in San Francisco. To avoid incarceration, he moved, changed his name, had surgery, claimed to be Mexican-American. Court applied “Strict Scrutiny” but upheld the law as Constitutional.

Executive Order 9981 in (1948) – Desegregated the military

Sweatt v. Painter (1950) - Sweatt denied acceptance to University of Texas Law School because of his race. Court ends segregation in higher education…paves the way for Brown v. Ed.

Hernandez v. Texas (1953) - ended discrimination in jury selection

Brown v. Board of Education (1954) – desegregated schools; Overturned Plessy v. Ferguson & “separate but equal”

Earl Warren & “The Warren Court” - Chief Justice of SCOTUS from 1953-1969. Best known for the liberal decisions of the Warren Court, which outlawed segregation in public schools and transformed many areas of American law,

NAACP - Founded in 1909; Largest civil rights organization in the U.S.; Legal Defense Fund 1939 - Constitutional litigation strategy to combat discrimination, segregation, and racial violence

Thurgood Marshall - 1st African-American Supreme Court Justice

James Meredith - African-American Air Force veteran denied admission twice to University of Mississippi (Ole Miss) because of his race (1962). Eventually graduated August 18, 1963, with a degree in political science

Equal Pay Act of 1963 / - Equal Pay Act requires equal pay for equal work, regardless of sex.

Equal Credit Act of 1974 Women could not be denied access to credit because of gender (like for a credit card or a loan). Prior to this time, women had to have husband sign for credit & unmarried women had difficulty securing any credit.

Civil Rights Acts of 1964 - Protections for racial minorities against discrimination in public accommodations, employment, etc.

Heart of Atlanta Motel v. U.S. (1964) - Court applied Commerce Clause to regulate morally wrong activities that affected commerce

Freedom Summer - a movement to help and encourage African-Americans to vote in Mississippi - A very bloody, and brutal affair. The Voting Rights Act was passed the following year.

Mississippi Three - The Deaths of 3 Civil Rights Workers during Freedom Summer

US v. Price (1966) - SCOTUS ruled Congress has the right to enforce, “every right guaranteed by the Due Process Clause of the 14th Amendment.” Opened door for federal government to seek justice when the local authorities in the Deep South refused to do so

Lyndon B. Johnson & “The Great Society” - passed more legislation than any President in history

Voting Rights Act of 1965 - Aimed to overcome legal barriers at the state and local levels that prevented African Americans from exercising their right to vote

Age Discrimination in Employment Act of 1967 - Cannot discriminate based on age (except if necessary qualification of the job)

Loving v. Virginia (1967) - Supreme Court strikes down anti-miscegenation laws

Fair Housing Act of 1968 - Forbids discrimination in the leasing, selling, or financing of housing based on race, color, religion, gender, national origin, or disabilities

Steering - directing prospective buyers or renters to particular areas because of race or some other factor (is illegal)

Title IX of the Education Act Amendments of 1972 - Prohibits gender discrimination in most school activities, including curriculum, faculty hiring, and student athletics. Sports programs must accommodate the interests and abilities of both sexes.

Sexual Harassment - unwelcome sexual advances, requests for favors, and other verbal or physical conduct of a sexual nature which takes place in the workplace

Quid Pro Quo – “this for that” ex: promotion for sexual favors

Hostile Environment - Unwelcome conduct of a sexual nature that is so severe that it changes the conditions of employment

Rehabilitation Act of 1973 - Bans discrimination against those with disabilities

Affirmative Action - Taking steps to remedy past discrimination and current inequality in employment and education

Quotas - Requiring a certain number (or a percentage) of a student-body or a workforce must come from a specific race. Supreme Court case law does NOT support use of quotas

Regents of University of California v. Bakke (1977) - “Reverse discrimination” case. Court ruled 5-4 against Racial Quotas, but race can be one of the factors considered for admissions (can be considered a “plus”)

Grutter v. Bollinger (2003) - Advance degrees (Law School) can use race as a factor because it serves a “compelling interest in achieving diversity among its student body”

Gratz v. Bollinger (2003) - Undergraduate Schools using race as a factor – court stated the school did not give enough consideration to individual qualities & wasn’t “narrowly tailored”

Schuette, Attorney General of Michigan v. Coalition to Defend Affirmative Action (2013) - Michigan passed an amendment to the state’s Constitution to prohibit all sex-based and race-based preferences in public education, public employment, and public contracting

Fisher v. University of Texas 2012 - Court held that the University of Texas’ use of race as a factor in the holistic review used to fill the spots remaining after the Top Ten Percent Plan was narrowly tailored to serve a compelling state interest.

Americans with Disabilities Act (ADA) of 1990 - Prohibits discrimination against individuals with disabilities in employment, public services, public accommodations

Individuals with Disabilities Education Act (IDEA) of 1991 - Requires states to provide free and appropriate education to children with special needs in the least restrictive environment

Family Medical Leave Act (FMLA) of 1993 - If employed for 12 months+, entitled to 12 weeks (unpaid) leave & will be returned to the same position upon return

United States v. Virginia (1995) - Virginia Military Institute: SCOTUS ruled they violated the Fourteenth Amendment's equal protection clause by excluding women

“Don’t Ask, Don’t Tell” Repeal Act of 2010 - Virginia Military Institute: SCOTUS ruled they violated the Fourteenth Amendment's equal protection clause by excluding women

U.S. v. Windsor (2012) - Couples with same-sex marriages that are valid under state laws, should not be deprived of federal recognition

Obergefell v. Hodges (2014) - Recognition of same-sex marriage as a protected fundamental right

Gerrymandering - To manipulate boundaries of an electoral constituency so as to favor one party or class