Civil Rights
The rights of people to be treated without unreasonable or unconstitutional differences
Equality
As a political value, the idea that all people are of equal worth.
Equal Rights
Constitutional amendment passed by Congress but never ratified that would have banned discrimination on the basis of gender
Equality of Opportunity
A widely shared American ideal that all people should have the freedom to use whatever talents and wealth they have to reach their fullest potential
14th Amendment
Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws
Equal Protection Clause
14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination
Standards of Review:
3 levels of scrutiny of laws/classifications established by the courts: reasonable (age), intermediate scrutiny (gender), inherently suspect (race).
Scott v Stanford
Dred Scott not a citizen and had no standing in court, Congress had no power to prohibit slavery in a territory
13th Amendment
1865. Amendement abolishing and continually prohibiting slavery. With limited exception, such as those guilty of comitting a crime, it also prevents indentured servitude.
Jim Crow Laws
Limited rights of blacks. Literacy tests, grandfather clauses and poll taxes limited black voting rights
Strauder v West Virginia
A West Virginia law declared that only whites may serve on juries. Does this violate equal prot? Yes as it asserts inferiority by law
Civil Rights Cases
1883 - These state supreme court cases ruled that Constitutional amendments against discrimination applied only to the federal and state governments, not to individuals or private institutions. Thus the government could not order segregation, but restaura
Plessy V Ferguson
a 1896 Supreme Court decision which legalized state ordered segregation so long as the facilities for blacks and whites were equal
McLaurin v Oklahoma Regents
Black man denied admission to graduate program in Oklahoma because a law prohibited mixed schools, when forced to admit McLaurin the school isolated him and forced him to use different facilities, SC sides with McLaurin because the situation impaired his
Sweatt v Painter
Sweatt was denied admittance to Texas Law School because of his race. Result: SC ruled that the school had to let him in because the separate facility for negroes was not even close to equal. - 14th A.
Brown v Board of Education
1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.
Griffin v County School Board
Court ordered desegregation to occur w/ all deliberate speed
Alexander v Holmes County
Delays in desegregating school systems are no longer tolerable
Swann v Charlotte-Meklenberg
Bussing is legal to remedy racial discrimination.
De jure
Desegregation by law -- not allowed
De facto
In fact; meaning that the segregation isn't by law but just ends up like that
Civil Rights Act 1964
This act made racial, religious, and sex discrimination by employers illegal and gave the government the power to enforce all laws governing civil rights, including desegregation of schools and public places.
Jones v Mayer
Allows congress to regulate the sale of private property to prevent racial discrimination.
Open Housing Act of 1968
Prevents people selling or renting homes using certain forms of discrimination.
15th Amendment
Citizens cannot be denied the right to vote because of race, color , or precious condition of servitude.
Literacy Tests
Method used to deny African-Americans the vote in the South that tested a person's ability to read and write - they were done very unfairly so even though most African-Americans could read and write by the 1950's they still failed.
Grandfather Clause
law that excused a voter from a literacy test if his father or grandfather had been eligible to vote on January 1, 1867.
Fuinn v US
Abolished grandfather clause.
Poll Taxes
Small fee to get right to vote.
White Primary
Political parties could exclude African Americans from voting.
Smith v Allwright
Abolished white primaries.
24th Amendment
Abolished poll taxes.
Harper v Virginia
Poll tax unconstitutional.
Voting Rights Act 1965
Aimed to overcome legal battles preventing discrimination in voting.
Thornburg v Gingles
Diluting racial groups voting strengths is unconstitutional.
Dawes Act
Forced assimilation of Native Americans, banned rituals & languages.
Indian Claims Act
Offered compensation to native Americans.
Santa Clara Pueblo v Martinez
Gave power to tribes, more self governance.
Hernandez v Texas
Excluding Hispanics from jury duty is unconstitutional.
Plyler v Doe
Cannot block education of illegal immigrants.
Korematsu v US
Japanese internment constitutional.
19th Amendment
Granted suffrage to women.
Equal Rights Amendment
Never passed since most states had all of the stipulations in it.
Reed v Reed
1st case to uphold a claim of gender discrimination.
Craig v Boren
Established "intermediate scrutiny".
Dothard v Rawlinson
Height and weight discrimination didn't have a purpose.
Title IX
Funding must be proportional.
Harris v Forklift System
Violates title VII if environment is hostile or abusive.
Americans w/ Disabilities Act
Forced businesses & public facilities to be more accommodating.
Bowers v Hardwick
States could ban homosexual relations.
Don't Ask Don't Tell
Homosexuals allowed into military, couldn't disclose they were homosexual.
Romer v Evans
Colorado amendment allowing for discrimination of GLBT was unconstitutional.
Defense of Marriage Act
Denied federal benefits to same sex couples.
Boy Scouts v Dale
Private groups can ban adult members based on sexuality. (but not kids)
Lawrence v Texas
Overturned Bowers v Hardwick.
US v Windsor
Overturned DOMA based on due process.
Executive Order 11246
LBJ banned fed contractors from discriminating during employment.
Affirmative Action
Admission policies that provide equal access of education to groups that have been previously discriminated against.
Equal Opportunity
The right to equivalent opportunities for employment regardless of race or color or sex or national origin.
Equal Results
A policy statement about equality holding that government has a duty to help break down barriers to equal opportunity. Affirmative action is an example of a policy justified as promoting equal results rather than merely equal opportunities.
UofCal v Bakke
Can't have a set quota for minorities in college admissions, race can be criterion for admission, but not only factor.
Adarand Construction v Pena
All federal programs that classify by race are "inherently suspect".
Reverse Discrimination
Favoring people because of their race.
Grutter v Bollinger
Race can be a factor if not a part of a mechanical review of admissions.
Gratz v Bollinger
Cannot be automatically awarded points based on race in admissions.
PICS v Seattle School District
School districts cannot use race as a factor for acceptance.