Unit 8: Civil Rights

Question 1

Civil rights

Answer 1

Protects groups from discrimination

Question 2

Civil liberties

Answer 2

Protects individuals from government actions

Question 3

In criminal matters, civil liberties are what?

Answer 3

Civil liberties are a balance between the states’ police powers and the people’s due process rights.

Question 4

The States’ Police Powers are reserved by what?

Answer 4

Reserved for the state by the Tenth Amendment.

Question 5

The States’ Police Powers saw what?

Answer 5

State governments are empowered to act to preserve the health, safety, general welfare, and morals of their citizens.

Question 6

Government cannot deprive citizens of civil liberties without what?

Answer 6

Due process of law

Question 7

Guaranteed by the Due Process Clauses:

Answer 7

1) Fifth Amendment (applies to the Federal government)
2) Fourteenth Amendment (applies to state governments)

Question 8

Due process takes two forms in American law:

Answer 8

1) Procedural due process
2) Substantive due process

Question 9

Procedural due process

Answer 9

Government must follow established legal practices when enforcing the law (Ex.: search warrants, Miranda rights).

Question 10

Substantive due process

Answer 10

Acts of government (like laws) must be fair; not discriminatory, arbitrary, unjust or “stupid.”

Question 11

What amendments is procedural due process in?

Answer 11

Fourth, Fifth, Sixth, & Eighth

Question 12

Substantive due process is up to what?

Answer 12

Judicial interpretation

Question 13

Thirteenth Amendment

Answer 13

Forbids “involuntary servitude” (slavery)

Question 14

Fourteenth Amendment

Answer 14

Has 3 major provisions:
1) Citizenship Clause
2) Due Process Clause
3) Equal Protection Clause

Question 15

Citizenship Clause

Answer 15

Legally defines who is a U.S. citizen.

Question 16

Equal Protection Clause

Answer 16

States must ensure laws guard the civil rights of all citizens.

Question 17

Fifteenth Amendment

Answer 17

Guarantees the right to vote regardless of race.

Question 18

Twenty-Fourth Amendment

Answer 18

Bans poll taxes

Question 19

Civil Rights Act of 1964 Title II

Answer 19

Forbids discrimination in public accommodations (such as hotels, restaurants, etc.). Those who discriminate get sued by the Justice Department.

Question 20

Civil Rights Act of 1964 Title VI

Answer 20

Forbids discrimination in Federally funded programs. Those who discriminate lose funding.

Question 21

Civil Rights Act of 1964 Title VII

Answer 21

Forbids discrimination in jobs (both hiring & promotion) and labor unions.

Question 22

The Civil Rights Act of 1964 created what?

Answer 22

Created the Equal Employment Opportunity Commission
(EEOC) to enforce Title VII with lawsuits.

Question 23

Later EEOC decisions forbade what?

Answer 23

Sexual harassment

Question 24

Bostock v. Clayton County (2020)

Answer 24

Sup. Court rules Title VII protects LGBTQ. Another case decided at the same time also adds transgender people.

Question 25

Civil Rights Act of 1964 Title IX (1972)

Answer 25

Outlaws sex discrimination in Federally funded schools.

Question 26

The Voting Rights Act of 1965

Answer 26

Bans literacy tests as a voting qualification

Question 27

1975 renewal of The Voting Rights Act of 1965

Answer 27

Any area where 5% or more of eligible voters belong to a "language minority" must provide non-English election materials (Expires 2032).

Question 28

What did Congress repeal in the Voting Rights Act of 1965 in 2006?

Answer 28

Congress repealed the provision for Federal examiners monitoring elections & registering voters.

Question 29

What did Congress invalidate in the Voting Rights Act of 1965 in 2013?

Answer 29

The Supreme Court invalidated the old formula determining which areas were subject to "preclearance" of new election laws by the Justice Department.

Question 30

Civil Rights Act of 1968 (Open Housing Act)

Answer 30

Forbids discrimination in renting or selling a dwelling, those who discriminate get sued by the Justice Department.

Question 31

Americans with Disabilities Act (ADA) (1990)

Answer 31

Extended the Civil Rights Act of 1964 to protect the physically and mentally handicapped. Facilities must make accommodations for the disabled (Ex.: wheelchair access)

Question 32

"Disability" was defined by what?

Answer 32

The plaintiff

Question 33

In 1999, the Americans with Disabilities Act limited what?

Answer 33

The Supreme Court limited who is protected by the ADA. Those who can fully function in society with simple corrective measures aren't covered.

Question 34

Classification

Answer 34

When an act of government (such as a law) makes a distinction between different kinds of people

Question 35

When classifications are challenged in Federal court, they must meet different legal standards to be ruled constitutional:

Answer 35

1) rational basis standard (lowest) 2) intermediate standard 3) strict scrutiny (highest)

Question 36

Rational basis standard

Answer 36

Used for classifications based on age, wealth, etc.

Question 37

Intermediate standard

Answer 37

Used for classifications based on gender

Question 38

Strict scrutiny

Answer 38

Used for suspect classifications (race, nat. origin) & when fundamental rights are involved.

Question 39

Brown v. Board of Education of Topeka, Kansas (1954) ruled what?

Answer 39

Ruled public schools segregated de jure (by law) violate the 14th Amendment's Equal Protection Clause and established a legal basis for desegregation in other areas of society.

Question 40

Brown v. Board of Education overturned what case?

Answer 40

Overturned Plessy v. Ferguson (1896) & the "separate but equal" doctrine

Question 41

Baker v. Carr (1962) & Wesberry v. Sanders (1964)

Answer 41

Established the legal principle of "one man, one vote" under the E.P. Clause.

Question 42

Baker v. Carr case

Answer 42

Gave Federal courts jurisdiction over challenges to legislative districts.

Question 43

Wesberry v. Sanders case

Answer 43

Ruled states' legislative districts must be equal in population. Reduced the influence of rural voters, and increased that of urban voters.

Question 44

Affirmative Action

Answer 44

- Policies giving preferential treatment to historically disadvantaged groups - Businesses guilty of discrimination can be made (or choose) to hire and/or promote quotas of people belonging to historically disadvantaged groups.

Question 45

Does affirmative action violate the 14th Amendment's Equal Protection Clause? Several Supreme Court cases have addressed this...

Answer 45

- Wards Cove Packing Co. v. Atonio (1989) - Adarand Construction v. Pena (1995) - Students for Fair Admissions v. Harvard (2023)

Question 46

Wards Cove Packing Co. v. Atonio (1989)

Answer 46

Statistical imbalances alone are not proof of job discrimination.

Question 47

Adarand Construction v. Pena (1995)

Answer 47

Government affirmative action programs are to be held to the highest legal standard (strict scrutiny).

Question 48

Students for Fair Admissions v. Harvard (2023)

Answer 48

Racial preferences in college admissions do violate the 14th Amendment's Equal Protection Clause.