Race and Politics Flashcards
(56 cards)
1
Q
Case regarding AA at Texas uni - what did it uphold?
A
- Fisher v University of Texas (2013 + 2016)
- In 2013, they ruled that AA must fulfil strict scrutiny in order to be constitutional.
- In 2016, they ruled that their AA plan did fulfil strict scrutiny.
- Upheld Grutter v Bollinger 2003.
2
Q
Case concerning Michigan’s state constitution
A
- Schuette v Coalition to defend Affirmative Action 2014
- Ruled that Michigan’s state constitution banning of AA was constitutional.
3
Q
Case that partly dismantled the 1965 Voting Rights Act
A
- Shelby County v Holder 2013
- Made it so states that used to have to get pre-clearance on any changes to their voting systems because of a racist history would no longer have to do so.
4
Q
Stat about the impact of Shelby County
A
- 5 years later over 1000 polling stations were closed in areas of majority African American population.
- Immediate impact seen in Texas and North Carolina.
- In North Carolina they implemented strict new voting laws like getting rid of same day voter registration and voter ID standards. this “targeted African Americans with surgical precision.”
5
Q
Case Segregating schools
A
Plessy v Ferguson 1896.
schools must be “separate but equal”
6
Q
Case de-segregating schools
A
Brown v Board of Education 1954
7
Q
Case against Michigan university for AA where university won
A
Grutter v Bollinger 2003. 5-4 in favour of uni
8
Q
Case against Michigan university for AA where university lost
A
Gratz v Bollinger - 2003
6-3 in favour of Gratz as AA wasn’t ‘narrowly tailored enough’
9
Q
Muslim ban case
A
- Trump v Hawaii 2018
- Case on trump’s executive order.
- After trump adjusted it a few times it was deemed constitutional.
- TALK ABOUT HOW THIS AFFECTS PEOPLE WITHIN THE US.
- Eg people can not be visited by family or friends and it affects the image of muslim Americans.
10
Q
Obama’s constitutional immigration Executive order
A
- DACA
- Trump tried to rescind but the Trump v NAACP 2020 case ruled in favour of DACA.
- Unlike proposed Dream act they would not have got citizenship, but work permit.
11
Q
Obama’s Unconstitutional immigration Executive order
A
- DAPA - temporary ban put in place by lower courts
- then a split 4-4 decision in US v Texas so the ban was left in place
- Rescinded by Trump
12
Q
Citizenship Question
A
- Department of Commerce v New York 2019.
- Deemed unconstitutional
- but not because it would have made many states underfunded and because it was a direct attack on illegal immigrants
- but because the department lied about their intentions of the question and it violated the APA.
13
Q
School case about assignment plans of racial segregation
A
- Parents Involved in Community Schools v. Seattle School District 2007
- Court ruled that the schools plans were not* *narrowly tailored enough and therefore unconstitutional
- School were trying to increase diversity.
14
Q
Court case about the firefighters promotion
A
- Ricci v DeStefano 2009
- Firefighters took test but were passed up for promotion because the black firefighters did not do well.
- Court deemed this unconstitutional as they considered race too highly
15
Q
Congress’ two most famous acts to protect minority rights
A
- Voting Rights act 1965 - Prohibits racial discrimination in voting.
- Civil Rights Act 1964 - any discrimination illegal
16
Q
Congress’ act protecting minority religious groups
A
Religious Freedom Restoration act 1993 - prohibits any religious discrimination.
17
Q
Gang of 8 Immigration Bill (didn’t pass)
Stat on how much it would have reduced US deficit.
A
- Border Security, Economic Opportunity, and Immigration Modernisation Act of 2013.
- Passed in the senate 14 republicans supporting, good bipartisan support but the house would not consider it as they were more right wing.
- Estimated that it would have reduced the US deficit by $197 Billion by 2023.
18
Q
Comprehensive immigration bill that didn’t pass
A
- Comprehensive Immigration Reform Act of 2006.
- Would have increased security at the border while also implementing ways for illegal immigrants to gain citizenship.
- Didn’t pass as House and Senate could not reach an agreement.
19
Q
Trump’s wall
A
- affects people within the US.
- Uses money that could be spent elsewhere
20
Q
Trump’s comments in election
A
- trump’s comments throughout his campaign against muslims, Mexicans etc indicates a disregard for minorities.
- Then becomes mirrored in his supporters and slowly America in general
21
Q
Trump’s comments on BLM
A
- Calling BLM a symbol of hate, a marxist group
- promised to declare Antifa a terrorist organisation while the KKK is not considered one.
22
Q
Congress - House attempt at police reform
A
- George Floyd Justice in Policing Act of 2021 -
- Attempted in 2020 but would have never passed the senate.
- Reintroduced in 2021, passed in the house and will be heard in democrat controlled Senate but likely to be fillibustered.
- Contains the illegalisation of certain policing techniques like the choke hold etc.
23
Q
What is partisan gerrymandering?
A
Redrawing district lines to give an unfair political advantage to a certain party.
24
Q
What is racial gerrymandering?
A
Drawing your district boundaries (house of rep elect 1 from each district) so that one race has the majority in each district
25
Process Courts decide upon in gerrymandering
* Judged by "***compactness***"
* They see if any changes **make geographical sense** or whether they are **suspiscously formulated** and seem to have a **negative effect** on the **minority** population.
26
**Affirmative action** gerrymandering
* also possible to draw lines to **promote majority minority districts** to help representation in congress.
* NAACP have advocated for this but SC have been sceptical of this too.
27
What is ***_cracking_***?
**Splitting up** groups of **mass majority** eg democrats or minorities into different districts so they are _just_ **outnumbered** by white people or other party.
28
What is ***_packing_***?
* Involves **packing lots** of members of the same party or minorities into **one** **district** so that they can **win** that **district** but **few** **others**.
* Half of the voters will be pointless as they have already won so it will just **minimise the amount of districts won.**
29
When and who designs district lines?
District lines are redrawn every _10 years_ by whoever has **control of state government.**
30
What happened in North Carolina?
* ***_48_*% voted Dem** and ***_50_*% Rep** but **Dems** only won *_**3/13 seats**._*
* *_Thomas Hofeller_* redrew the district lines to **_pack_** minority groups but federal courts ruled it **_unconstitutional_**.
* He then did it based on **_party_** and **_SC_** said it was **_out of their power._**
* Interesting court did not rule because they could have but it was **partisan gerrymandering** and a **conservative** majority in court.
31
What happened in **Shaw v Reno**?
* **1993**.
* **Attorney General** Reno decided that **_North Carolina_** needed to resubmit district plans to include a **_second minority majority_** district as they only had one.
* They did this but it was deemed **unconstitutional** by SC because it was a very **strange geographical shape**.
* 5-4 with conservative justices.
* (AA case)
32
What happened in **Miller v Johnson?**
* **1995.**
* Decided on the premise of Shaw v Reno.
* Georgia got another district and because of their **27% African American** population but **only 1 majority** district they were asked to create another one.
* It was deemed **_unconstitutional_** in a 5-4 conservative ruling.
* (AA case)
33
What happened in **Bush v Vera**?
* **1996**.
* Again Texas tried to increase minority representation by creating **3 new African American** majority districts and **one already existing one African American**
* SC ruled it was **_unconstitutional_**.
* (AA case)
34
**Black Lives matter** campaign group
* Started in 2013 as a hashtag. Formed as a reaction to **police brutality,** discrimination and wrongful killings.
* They have a wide presence on social media and organise lots of **_protests_**.
* They haven't been massively successful in policy but after the death of **George Floyd**
* the bill ***_George Floyd Justice in Policing Act of 2021_*** has passed in the house and will be heard in the Senate.
35
**By any Means necessary** campaign group
* **BAMN - 1995**
* To oppose University of California's decision to abolish AA. They focus on **AA** and **protesting SC** where it is diminished. They tried to stop affirmative action getting banned in both California and Michigan. they have opposed SC rulings but haven't been very successful. They have held **successful protests**, sometimes using force.
36
National Association for the Advancement of Coloured People (**NAACP**) campaign group
* **1909** in NYC after the **1908 Race Riot in Springfield, Illinois** when the rate of US lynching of black people, especially men was at an all time high.
* They are the **most** **formal** of the organisations, **challenging laws in court and working with politicians**.
* They organise peaceful protests. Played active role in both Rights acts. Was effective in brown v board but couldn't get federal anti lynching law passed. won in **Trump v NAACP 2020**
37
American Civil Liberties Union (**ACLU**) campaign group
* **1920**. Appeared in front of supreme court. **mainly use legal route.** they also lobby congress to pass bills,
* **2nd highest number of appearances in front of SC for an organisation**.
* In trump's **first** year they brought **56 lawsuits**.
* Halted trump's transgender military ban.
* **Won in Obergefell v hodges**
38
Antifa Campaign group
* **1920s/1930s** - **anti fascism group** that originated opposing fascism after ww2.
* _no official leadership_.
* tend to use violent protest tactics, Protested trump election,
* counter protested at the Unite the right 2017 Charlottesville protest was on, with the car attack.
* **Little impact on policy as condemned by Gov**, Trump has recently declared he wishes to deem Antifa a terrorist organisation.
39
Dream Act
* Congress have failed to pass the dream act on several attempts since **2001**.
* Would have given citizenship status to illegal immigrants
40
Immigration Bill (gang of 8)
**Border security, economic opportunity and immigration modernisation act of 2013**
41
How filibuster effects immigration reform
to overturn a Filibuster in the senate requires **60 vote supermajority.**
42
Supreme court impact on immigration reform
* As **congress** have the main legislative power, if they are **inactive** it is hard for president to have big impact. eg Obama and DAPA-
* Congress would not pass so he used an EX Order but then supreme court blocked.
* The **configuration** of court has big role to play.
43
**partisanship** in congress impact on immigration reform
* If congress is partisan.
* Eg Obama had rep senate and house so his reforms were derailed. Eg B**order security, economic opportunity and immigration modernisation act 2013.** or **comprehensive immigration reform act 2006.**
44
Current Affairs effect on Immigration reform
* **Bush's 2005** and **2006** **comprehensive immigration reform** would have been in the **wake of 9/11 i**n 2001 so the country would have been less inclined to be sympathetic towards immigration.
* Although the time it was a rep congress so probs wouldn't have passed anyway.
45
strict scrutiny
* whether the law is **narrowly tailored** enough
* whether it was passed to further a **compelling governmental interest**
* whether it is the **_least restrictive option to achieve that aim._**
46
Compelling governmental interest
an interest is compelling if it is **essential** or **necessary** rather than preference or choice.
47
Narrowly tailored
means whether the law was written just to **fulfil its intended goals** and place **as few restrictions on 1st** **amendment** rights as possible.
48
Case where someone hired a minority company for the extra money they received because of this.
* **Adarand Constructors Inc v Pena 1995** -
* Adarand put in a bid for some work, the guy hiring chose a company registered as a minority business - _he gets money for hiring a minority business._
* **SC ruled** with **Adarand 5-4** that he would have got the work if it weren't for the extra money
49
What is the 13th and 14th Amendment?
* **13th -**making slavery illegal
* **14th** - guaranteeing equal protection before the law.
50
How many black members of congress are there?
* **House**
* **Senate**
* **Total** Black Senators **throughout** **history**
* **58** Representatives in 2020. **13%**
* **3** Senators in 2020. **3%**
* **11** black senators throughout history. **0.6%**
51
What percentage of the US is Black?
**13.4%**
52
Demographic of **minority** **democrats** and **republicans** in **congress**.
**90%** of ethnic minority congress members are **democrats** compared to **10**% **republican**
53
**2014** US survey on AA
**63%** were in favour of **AA** in colleges.
54
SC case where Trump tried to rescind DACA
**Trump v NAACP 2020.**
He failed to rescind.
55
Case where the ban on **DAPA** was left in place
**US v Texas 2016**
56
Case concerning California University
* **Regents of the University of California v. Bakke. 1978**
* **_It upheld affirmative action,_** allowing race to be one of several factors in college admission policy.
* However, the court ruled that **specific racial quotas**, such as the 16 out of 100 seats set aside for minority students by the University of California, **were unconstitutional.**
