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19 Cards in this Set

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Scott v. Sandford (1857)
upheld slavery

voided missouri compromise, said congress couldn't ban slavery in western territories

black man had no rights in a white man's government
slave rights
Plessy v. Ferguson (1986)
constitutional justification for segregation

"separate but equal"
7/8 white
Guinn v. United States (1915)
declared grandfather clauses to be unfair and unconstitutional
grandfather clause
Smith v. Allwright (1944)
all-white primaries were banned
all white
Korematsu v. United States (1944)
upheld the internment as constitutional as it was during iminent threat to national security

congress has since apologized and authorized benefits to the former internees
japanese internment
Sweatt v. Painter (1950)
the available school would have been grossly unequal

thus, the "separate but equal" formula was found to be generally unacceptable in professional schools
the black guy painted himself white, cept his blackness sweatted through
Brown v. Board of Education (1954)
school segregation was inherently unconstitutional because it violated the 14th amendment's guarantee of equal protection
separate but equal and public schools
Swann v. Mecklenburg (1971)
upheld, but did not required, the practice of school busing as a desegregation method
court ordered busing
Reed v. Reed (1971)
any "arbitrary" gender-based classification violated the equal protection clause of the 14th amendment.

first time the court declared any law unconstitutional on the basis of gender discrimination
gender discrimination and the 14th amendment: selection of an estate’s administrator
Craig v. Boren (1976)
established the "medium scrutiny" standard for determining gender discrimination

different drinking ages for men and women was unconstitutional gender discrimination
gender distinctions and drinking age
United States Steelworkers v. Weber (1979)
permitted an affirmative action program to favor african americans if the program is designed to remedy past discrimination
affirmative action and remedying past discrimination
California Board of Regents v. Bakke (1978)
ordered Bakke admitted, holding that the admissions program did discriminate against him because of his race

but, a university could adopt an "admissions program where race or ethnic background is simply one element – to be weighed fairly against other elements – in the selection process"

but no quotas
precedent!
Shaw v. Reno (1993)
the creation of districts based solely on racial composition as the district drawers’ abandonment of traditional redistricting standards such as compactness and contiguity is unconstitutional

gave legal standing to challenges to any congressional map with an oddly shaped minority-majority district that may not be defensive on grounds other than race
creation of districts based solely on race
Harris v. Forklift Systems (1993)
sexual harassment that is so pervasive as to create a hostile or abusive work environment is a form of prohibited gender discrimination

no single factor, the Court said, is required to win a sexual harassment case

the law is violated when the workplace environment "would reasonably be perceived, and is perceived, as hostile or abusive"

workers are not required to prove that the workplace environment is so hostile as to cause them "severe psychological injury" or that they are unable to perform their jobs

the protection of federal law comes into play before the harassing conduct leads to psychological difficulty
threshold for sexual harassment claims
Adarand Constructors v. Pena (1995)
federal programs that classify people by race, even for an ostensibly benign purpose such as expanding opportunities for members of minorities, should be presumed to be unconstitutional

such programs must be subject to the most searching judicial inquiry and can survive only if they are "narrowly tailored" to accomplish a "compelling government interest"
affirmative action and strict scrutiny
United States v. Virginia (1996)
categorical exclusion of women from state-funded colleges unconstitutional
VMI and female admission exclusion
Davis v. Monroe County Board of Education (1999)
school districts can be held liable for sexual harassment in cases of student-on-student harassment where the school district has knowledge of the harassment or is deliberately indifferent to it

the harassment must be so severe, pervasive, and objectively offensive that it can be said to deprive the victims of access to the educational opportunities or benefits provided by the school
sexual harassment in public schools
Hunt v. Cromartie (1999)
conscious consideration of race is not automatically unconstitutional if the state’s primary motivation was potentially political rather than racial
gerrymandering and political motivation
Parents Involved in Community Schools v. Seattle School District (2007)
prohibited assigning students to public schools solely for the purpose of achieving racial integration

racial balancing is not a compelling interest for high schools
nosy high school parents?