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33 Cards in this Set
- Front
- Back
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a slave who sued to obtain his freedom on the basis that he had lived for various periods in the free state of Illinois
• In this case, the Supreme Court ruled that slaved were not citizens of the United States and were not entitled to the rights and privileges of citizenship. • In the opinion of many historians, the ruling in this case meant that civil was inevitable. |
Dred Scott v. Sanford (1857)
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1865 → outlawed slavery
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13th Amendment
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1868 → the basis for which the bills of rights freedoms were extended to the states-through the equal protection of the laws clause
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14th Amendment
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1870 → the right to vote shall not be abridged on account of race, color or previous condition of servitude.
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15th Amendment
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this act extended citizenship to anyone born in the United States, gave African-Americans full equality before the law, and gave the national government the power to intervene when states attempted to restrict the citizenship the rights of blacks.
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The Civil Rights Act of 1866
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• Case involved Homer Plessy (1/8 African- American) who was riding on a train in a car that was restricted to whites
• Told by the conductor to go to another car, for nonwhites • Plessy sued claiming that such action violated his 14th amendment guarantee of equal protection of the laws • Supreme Court rejected Plessy claim and established the doctrine of “separate but equal” |
Plessy v. Ferguson (1896)
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o Since political party primaries were private, the parties could exclude African-Americans.
o After 1877, the Democrats dominated politics in the south, and whatever candidate won the democratic primary was virtually guaranteed to win the general election o Since African-Americans were excluded from such primaries, they were effectively denied their right to vote [Ruled unconstitutional violation of the 15th Amendment in Smith v. Allwright (1944)] |
White primaries
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Several states passed laws that restricted the right to vote to those who could prove that their grandfathers had voted before 1867
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Grandfather Clause
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o Required the payment of a fee to vote.
o Since African-Americans tended to be economically disadvantaged, this effectively restricted the right to vote for many of them. o The 24th amendment (ratified in 1964) made this illegal in Federal elections, applied to all elections in Harper vs. Virginia State Board of Elections (1966). |
Poll Tax
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o Potential voters were asked to read, recite, or interpret sometimes very difficult text to the satisfaction of the local registrar. (Outlawed by the 1965 Voting Rights Act.)
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Literacy Test
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a slave who sued to obtain his freedom on the basis that he had lived for various periods in the free state of Illinois
• In this case, the Supreme Court ruled that slaved were not citizens of the United States and were not entitled to the rights and privileges of citizenship. • In the opinion of many historians, the ruling in this case meant that civil was inevitable. |
Dred Scott v. Sanford (1857)
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1865 → outlawed slavery
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13th Amendment
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1868 → the basis for which the bills of rights freedoms were extended to the states-through the equal protection of the laws clause
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14th Amendment
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|
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1870 → the right to vote shall not be abridged on account of race, color or previous condition of servitude.
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15th Amendment
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this act extended citizenship to anyone born in the United States, gave African-Americans full equality before the law, and gave the national government the power to intervene when states attempted to restrict the citizenship the rights of blacks.
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The Civil Rights Act of 1866
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• Case involved Homer Plessy (1/8 African- American) who was riding on a train in a car that was restricted to whites
• Told by the conductor to go to another car, for nonwhites • Plessy sued claiming that such action violated his 14th amendment guarantee of equal protection of the laws • Supreme Court rejected Plessy claim and established the doctrine of “separate but equal” |
Plessy v. Ferguson (1896)
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o Since political party primaries were private, the parties could exclude African-Americans.
o After 1877, the Democrats dominated politics in the south, and whatever candidate won the democratic primary was virtually guaranteed to win the general election o Since African-Americans were excluded from such primaries, they were effectively denied their right to vote [Ruled unconstitutional violation of the 15th Amendment in Smith v. Allwright (1944)] |
White primaries
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Several states passed laws that restricted the right to vote to those who could prove that their grandfathers had voted before 1867
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Grandfather Clause
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o Required the payment of a fee to vote.
o Since African-Americans tended to be economically disadvantaged, this effectively restricted the right to vote for many of them. o The 24th amendment (ratified in 1964) made this illegal in Federal elections, applied to all elections in Harper vs. Virginia State Board of Elections (1966). |
Poll Tax
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o Potential voters were asked to read, recite, or interpret sometimes very difficult text to the satisfaction of the local registrar. (Outlawed by the 1965 Voting Rights Act.)
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Literacy Test
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• Oliver brown decided that his daughter should not have to go to an all non-white school 20 blocks from home when there was an all white school 7 blocks away
• In a unanimous decision, the Supreme Court ruled that public school segregation by race violated the equal but protection clause of the 14th amendment. • Separate facilities are inherently unequal and ordered the next year (2nd brown case) that children should attend school on a non-discriminatory basis, “with all deliberate speed.” |
Brown v. Board of Education of Topeka (1954)
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segregation that occurs because of laws or administrative decision by public agencies.
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De jure segregation
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segregation that occurs because of past social and economic conditions and residential patterns.
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De facto segregation
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court ordered busing was not popular in the 1970’s and 1980’s. Minority segregated schools are reemerging because of demographic changes.
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Reactions to integrating schools-
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An university cant use the establishment clause as a means for suppressing the speech of a publication, when it seeks to exercise its first amendment rights to freedom of the press.
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Rosenberger vs. University of Virginia
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• Refers to the rights of all Americans to equal treatment under the laws, as provided for by the 14th amendment to the constitution and by subsequent acts of congress.
• Specifies what the government must do to ensure equal protection and freedom from discrimination. |
Civil Rights
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o Forbade discrimination on the basis of race, color, religion, gender and national origin
o Major provisions: • Outlawed arbitrary discrimination in voter registration • Barred discrimination in public accommodations, such as hotels and restaurants, whose operations affect interstate commerce. • Authorized the federal government to sue to desegregate public schools and facilities • Expanded the power of the civil rights commission while extending its life • Provided for the withholding of federal funds from programs administered in discriminatory manner. • Established the right to equality of opportunity in the employment. o One of the most important provisions of the civil rights act involved establishing the right to equal opportunity in employment o As part of the act, the equal employment opportunity commission was created (EEOC). Its purpose was to end discrimination in employments and to foster equal job opportunities. o In implementation the civil rights act of 1964, in 1965 president Johnson developed and applied the concept of Affirmative action: remedial steps taken to improve work opportunities for women, racial and ethnic minorities and other persons considered to have been deprived of job opportunities in the past on the basis of their race, color, religion, gender or national origin. o Important for women because title VII of this act stuck down legislation which supposedly “protected” women from undertaking jobs deemed “too dangerous or strenuous” by the states. Generally such jobs were higher paying so the effect was that women were directed toward more lower paying job classifications. o This Act also outlawed sexual harassment- unwanted physical or verbal conduct or abuse of sexual nature that interferes with a recipient’s job performance or carries with it an important or explicit threat of adverse employment consequences. |
Civil Rights Act of 1964
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o Two major problems:
• Outlawed discriminatory voter registration test • Authorized federal registration of persons and federally administered voting procedures in any political subdivision or state that discriminated electorally against a particular group. (Certain political subdivisions could not change voting procedures: federal voter registrars were sent to many areas |
Voting Rights act of 1965
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o 1848: Seneca Falls convention. Organized by Lucretia Mott and Elizabeth Cady Stanton.
Women get the right to vote in 1920, with the passage of the 19th Amendment. |
Women Campaign for equal rights
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• Covers individuals over the age of 40, and prohibits discrimination on the basis of age, unless age can be shown to a bona fide occupational qualification reasonably necessary to the normal operation of the particular business.
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Age discrimination in Employment Act 1967
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• Requires that all public buildings and public services be accessible to persons with disabilities. Also mandates that employers must reasonably accommodate the needs of workers or potential workers with disabilities.
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Americans with disabilities Act (ADA-1990)
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o In 1996, Congress passed the defense of marriage act, which bans federal recognition of lesbian and gay couples and allows state governments to ignore same-sex marriages performed in other states.
o Same sex marriage is currently permitted in Massachusetts, Connecticut, Iowa, Vermont, New Hampshire, New York and the District of Columbia. |
Civil Rights of Gays and Lesbians
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policies that attempt to “level the playing field” by giving special preferences in educational admissions and employment decisions to groups that have been discriminated against in the past.
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Affirmative actions
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