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27 Cards in this Set
- Front
- Back
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affirmative action
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policies designed to give special attention or compensatory treatment to members of a previously disadvantaged group.
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Black Codes
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prohibited African Americans from voting, sitting on juries, or even appearing in public places. They differed from state to state, and they all empowered local law enforcement officials to arrest unemployed blacks, fine them for vagrancy, and hire them out to employers to satisfy their fines. Some state codes went as far as to require them to work on plantations or to be domestics.
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Brown v. Beard of Education (1954)
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four cxas3s brought from different areas of the South and border states involving public elementary or high school systems that mandate separate schools for blacks and whites, T. Marshall argued that Plessy’s separate but equal doctrines was unconstitutional under the equal protection clause of the Fourteenth Amendment, and that if the Court was still reluctant to overrule Plessy, the only way to equalize the schools was to integrate them – his strategy was to prove that the intellectual, psychological, and financial damage that be felt African Americans as a result of segregation precluded any court from finding tat equality was served by the separate but equal policy.
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civil rights
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the government protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals based on categories such as race, sex, national origin, age, religion, or sexual orientation.
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Civil Rights Act of 1964
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Wide ranging legislation passed by Congress to outlaw segregation in public facilities and discrimination in employment, education, and voting – created the Equal Employment Opportunity Commission.
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Civil Rights Cases (1883)
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name attached to fiver cases brought under the Civil Rights Act of 1875 – in 1883, the Supreme Court decided that discrimination in a variety of public accommodations, including theaters, hotels, and railroads, could not be prohibited by the act because such discrimination was private discrimination and not state discrimination.
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Equal Employment Opportunity Commission
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Federal agency created to enforce the Civil Rights Act of 1964, which forbids discrimination on the basis of race, creed, national origin, religion, or sex in hiring, promotion, or firing.
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equal protection clause
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section of the Fourteenth Amendment that guarantees that all citizens receive equal protection of the laws.
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Fifteenth Amendment
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passed by Congress in the aftermath of the Civil War. It guaranteed the “right of citizens” to vote regardless of their “race, color or previous condition of servitude.” Sex was not mentioned.
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Fourteenth Amendment
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proposed simultaneously with the Civil Rights Act to guarantee, among other things, citizenship to all freed slaves. Other key provisions barred states from abridging “the privileges or immunities of citizenship” or depriving “any person of life, liberty, or property without due process of law,” or denying “any person within its jurisdiction the equal protection of the laws.” Opposed by many women because it failed to guarantee suffrage for women.
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grandfather clause
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a way to make certain that the laws did not further reduce the numbers of poor or uneducated white voters, man y southern states added this clause to their voting qualification provisions, granting voting privileges to those who failed to pass a wealth or literacy test only if their grandfathers had voted before Reconstruction Grandfather clauses effectively denying the descendants of slaves the right to vote.
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Nineteenth Amendment
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ratification to the Constitution, it guaranteed all women the right to vote – fifty years after African American males were enfranchised by the Fifteenth Amendment.
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Jim Crow laws
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a form of discrimination that was allowed d by judicial decision upholding this law, which required segregation in public schools and facilities, including railroads, restaurants, and theaters.
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Plessy v. Ferguson (1896)
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the Court’s darkest hour, the Court upheld the constitutionality of a Louisiana law mandating racial segregation on all public trains, the justices reasoned, that African Americans were not prevented from riding the trains, the statute required only that the races traveled separated.
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poll tax
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one of three devices used by southern states to keep exclude African Americans from voting, they were small taxes on the right to vote that often came due when poor African American sharecroppers had the least amount of money on hand. Other two were some form of property owning qualifications, and “literacy” or “understanding” tests, which allowed local voter registration officials to administer difficult reading comprehension tests to potential voters whom they did not know.
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strict scrutiny
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a heightened standard of review used by the Supreme Court to determine the constitutional validity of a challenged practice.
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suffrage movement
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new women’s movement – its focus on the vote alone and not on broader issues of women’s rights – when it took on racist overtones. Their argument was that if undereducated African Americans could vote, why couldn’t women?
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suspect classification
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category or class, such as race, that triggers the highest standard of scrutiny from the Supreme Court.
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Thirteenth Amendment
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the first of three Civil War Amendments. It banned all forms of “slavery and involuntary servitude.” Although southern states were required to ratify the Thirteenth Amendment as a conditional of their readmission to the Union after the war, most of the former Confederate states quickly passed laws that were designed to restrict opportunities for newly freed slaves.
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Title IX
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provision of the Educational Amendments of 1972 that bars educational institutions receiving federal funds from discriminating against female students.
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Women’s Equality Amendment
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Proposed amendment to the Constitution that states, “Equality of rights under the law shall not be denied or abridged by the United States or any state on account of sex.”
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What should I know about the roots of suffrage from 1800 through 1890?
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When the Framers tried to compromise on the issue of slavery; they only postponed dealing with a volatile question that would eventually rip the nation apart. Ultimately, the Civil War was fought to end slavery. Amount its results were the triumph of the abolitionist position and the adoption of the thirteenth, Fourteenth, and Fifteenth Amendments. During this period, women also sound expanded rights, especially the right to vote, but to no avail.
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How did African Americans and women push for equality from 1890 through 1954?
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Although the Civil War Amendments were added to the Constitution, the Supreme Court limited their application. As Jim Crow laws passed through the south, the NAACP was founded in the early 1900’s to press for equal rights for African Americans. Women’s groups also were active during this period, successfully lobbying for passage of the Ninetieth Amendment, which assured them the right to vote. Groups, such as the National Consumers’ League (NCL) began to view litigation as a means to an end, and went to court to argue for the constitutionality of legislation protecting women workers.
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What should I know about the civil rights movement?
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In 1954, the US Supreme Court rule in Brown v. Beard of Education that racially segregated state school systems were unconstitutional. This victory empowered African Americans as they sought an end to other forms of pervasive discrimination. Bus boycotts, sit ins, freedom rides, pressure for voting rights, and massive nonviolent demonstrations became common tactics. This activity culminated in the passage of the Civil Rights Act of 1964, which gave African Americans another weapon in tier legal arsenal.
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What should I know about the women’s rights movement?
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After passage of the Civil Rights Act, a new women’s rights movement arose. Several women’s rights groups were created, and while some sought a constitutional amendment, others attempted to litigate under the equality protection clause. Over the years, the Supreme Court developed differed tests to determine the constitutionality of various forms of discrimination. In general, strict scrutiny, standard of review was developed to assess the constitutionality of sex discrimination claims.
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How did other groups mobilize for their civil rights?
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Building on the successes of African Americans and women, other groups including Latino/as Americans, American Indians, Asian and Pacific Americans, gays and lesbians, and the disabled, organized to litigate for expanded civil rights as well as to lobby for anti-discrimination laws.
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What should I know about reforms related to affirmative action and pay equity?
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The groups discussed in this chapter have yet to reach full equality. One policy, affirmative action, which was designed to remedy education and employment discrimination, continues to be very controversial. Gays, women, and immigrants continue to use the courts to see remedies for costly employment discrimination.
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