Unit 5

Question 1

The Voting Rights Act of 1965

Answer 1

A bill that protects people of color from discrimination in voting (related to the 15th Amendment of 1870).

Also abolished the use of literacy requirements for anyone who completed the sixth grade.

Question 2

The Civil Rights Act of 1964

Answer 2

A bill that protects people of color from discrimination on the basis of race (related to the 14th Amendment of 1868). Made racial discrimination in public accommodations illegal.

Forbade many forms of job discrimination and strengthened voting rights.

Question 3

Commerce Clause

Answer 3

Located in Article 1, Section 8. It authorizes the power of the federal government to regulate interstate commerce.

Also helped the Civil Rights Act move beyond Education.

Question 4

What are the two equalities being fought?

Answer 4

Equality of Opportunity and Equality of Outcome.

Question 5

Equality of Opportunity

Answer 5

All citizens should have the chance to be rewarded equitably.

Question 6

Equality of Outcome

Answer 6

There should be greater uniformity in political, economic, and social power between various societal groups.

• The nation is less committed to this equality.

Question 7

What are the two legislations related to the Dred Scott v. Sanford (1857) case?

Answer 7

The Missouri Compromise and the Compromise of 1850.

Question 8

Missouri Compromise

Answer 8

A piece of legislation that relates to states that can or cannot permit slavery depending on the region. (ie. Northern States did not permit slavery.)

Question 9

Compromise of 1850

Answer 9

Established “popular sovereignty” - allowing states to decide if they are a free/slave state.

Relates to the idea that people are sovereign.

Question 10

What are some examples of Jim Crow laws?

Answer 10

Jim Crow laws are essentially segregationist practices. Some examples include: the white primary, poll tax, grandfather clause.

Question 11

Importance of Plessy v. Ferguson (1896)

Answer 11

It established the “separate but equal” doctrine. This relates to the 14th Amendment and states that people of color and white are considered “separate but equal.”

The Court establishes that they can create separate but equal facilities.

Question 12

Importance of Brown v. Board of Education (1954)

Answer 12

Overturned the “separate but equal doctrine” with a uniform 9-0 Supreme Court decision.

Question 13

Affirmative Action

Answer 13

A policy of the government that remedies past discrimination, both in education and employment.

Question 14

Significance of Affirmative Action

Answer 14

It allowed people of color who were originally discriminated against to have a better opportunity, or “push” by the government, to pursue education and jobs in the workforce.

Question 15

Civil Rights

Answer 15

Policies that protect people against arbitrary or discriminatory treatment by government officials or individuals.

Question 16

The Equal Protection Clause

Answer 16

A principle tool for waging struggles for equality.

Question 17

Significance of Fourteenth Amendment

Answer 17

Forbids the states from denying anyone “equal protection of the laws.”

Question 18

Standards of Review

Answer 18

1. Inherently Suspect / “Strict Scrutiny” - Classifications are deemed “unconstitutional” if they do not narrowly serve some compelling government interest.
2. Intermediate Scrutiny - Classifications are neither constitutional or unconstitutional; must have a substantial relationship with an important government goal.
3. Reasonable - Classifications are constitutional and bear a rational relationship with a legitimate government purpose.

Question 19

Examples of “Strict Scrutiny” Classifications

Answer 19

• Race
• Religion
• National Origin

Question 20

Example of Intermediate Scrutiny

Answer 20

• Gender

Question 21

Examples of Reasonable Scrutiny

Answer 21

• Age
• Wealth

Question 22

Significance of the Civil Rights Cases of 1883

Answer 22

These cases held that the 13th and 14th Amendment did not outlaw racial discrimination by private businesses and individuals.

Question 23

What was the core of Americans’ beliefs in Equality?

Answer 23

Education.

Question 24

“De jure” vs. “De facto” segregation

Answer 24

“De jure” segregation refers to “by law” segregation, which is considered unconstitutional. “De facto” segregation” is “in reality” segregation.

ex. Children are assigned to schools near their homes, and those homes are in neighborhoods that are racially segregated for social and economic reasons.

Question 25

Minority Majority

Answer 25

A situation where Americans who are members of minority groups will outnumber Americans of European descent.

Question 26

Writ of Habeas Corpus

Answer 26

A legal petition that is sent to a judge by the detained/imprisoned inmate, who challenges their conviction or sentencing conditions.

Question 27

Significance of Bakke v. Davis (1978)

Answer 27

Bakke was a white applicant to a med school, and was rejected due to the quota system that was embedded in UC Davis’ admissions program. He sued the university and argued that he was reversely discriminated.

A compromise prevailed between the divided Supreme Court:
1. Setting aside a number of minority students (quotas) was unconstitutional.
2. Race could be considered in the admissions process, but cannot be a determining factor.

Question 28

What cases affected the Bakke v. Davis court decision?

Answer 28

1. Gratz v. Bollinger: dealt with undergrad admissions and worked under a point system (similar to the quota system) and was ultimately deemed unconstitutional.
2. Grutter v. Bollinger: dealt with law school admissions and worked with a holistic approach (where race was only a consideration in the admissions process) and was upheld.

Question 29

Pros of Affirmative Action

Answer 29

1. We have to use the authority of the government to further close gaps in the nation (in regards to race and gender).
2. The Supreme Court has ruled that these policies are constitutional (under the 14th Amendment).
3. There is no reverse discrimination. (Racing metaphor)

Question 30

Cons of Affirmative Action

Answer 30

1. AA demean minorities because people will believe they only benefit under special circumstances.
2. When race/gender is used, it hurts more. People argue that we should keep these categories out of policies completely.
3. Never achieve an equal society unless we fully acknowledge the accomplishments of minority groups without government interference.
4. Reverse discrimination (Bakke v. Davis).