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70 Cards in this Set
- Front
- Back
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What is the only document that is vague/overbroad?
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constitution
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the era of reconstruction included what specific ammendments and acts and in what order?
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1.13th ammendment
2.Civil Rights Act of 1866 3.14th ammendment 4.15th ammendment 5.Civil Rights Act of 1875 |
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in 1865 who and what amendment ended slavery?
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13th amendment....congress
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the civil rights act of 1866 said what?
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-all persons born in the U.S. excluding Indians (b/ not taxed) were considered citizens of u.s
-citizens of every race/color have same rights in every state/territory (make contract, sue,property) -have full &equal benefit of laws as enjoyed by white citizens |
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what act overuled the Dred Scott case?
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civil rights act of 1866
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civil rights act was similar to which ammendment?
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14th
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what 3 things does the 14th ammendment include?
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1.1868-born or naturalized in the U.S., u are a citizen (confirmed it)
2.Due Process Clause 3.Equal Protection Clause |
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the due process clause includes which two ammendments and who controls those actions?
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~14th ammend.- state control action
~5th ammend.-federal controls action |
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what are the 2 types of due process..explain them?
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1.procedural- process or procedure of taking, life, or property
2.Substantive- statue/law itself that is relyed on to take life,liberty, or property (*has to be fundamentally fair) |
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what are the 3 parts in the procedural due process and the 2 parts in the substantive due process?
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Procedural- 1.notice 2.opportunity to be heard
3.impartial tribunal (doesn't have to be heard before a court) Substantive-1.legitimate prurpose 2.can't be vague or overbroad |
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what made it clear that individuals would not be compensated for lost slaves from the u.s. or any state?
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due process clause during era of reconstruction
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the 15th amendment in 1870 did what?
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gave the right to vote
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the civil rights act of 1875 stated what?
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-all public accomodations are available to everyone no matter what their race.
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what were the civil rights act of 1875 civil and criminal penalties?
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*all public accomodations available, no matter what race
civil-$500 per offense criminal-fined: $500-$1,000 -prison: 30days-1yr |
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what is the Freemans Bureau?
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-if they were educated and no longer under the master...they help set up4,000 schools
-blacks held offices @local, state, and federal level |
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what were the 8 methods used in the overthrow of the era of reconstruction?
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1.intimadation (forced to vote for someone)
2.move polling places 3.block roads 4.stuff ballot(dead pple voting) 5.gerry mandering(redraw voting district) 6.poll taxes 7.literacy tests(made unfair for blacks) 8.Grandfather clause(1898)-can vote if father &grandfather could vote as of jan.1,1867 8. 5. |
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how effective was the overthrow of the era of reconstruction by the southerners?
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100%...gradfather clause was so successful
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what is sharecropping?
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-where africans worked part of plantation for old masters. they had their house on land and would share crops with blacks. (how blacks could improve life)
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who is Booker T. Washington?
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-founder of Tuskeegee Institute
-provided blacks w/ vocational training -taught that pple should accept existing condition and change gradually |
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who is W.E.B. Dubois?
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-graduated from Harvard
-"Talente Ten":provided higher education to top 10% &they would educate the others -1905 met in the Niagra Movement(group of leaders considered to be extremely radical..demanded action) -1910 NAACP came from the Niagra Movement |
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what are the events of WWI?
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-there were no black officers in army...if they could 200 college educated men, washington would train them
-they found 15,000 and 639 were trained -navy prohibited blacks from being officers -marines barred blacks totally |
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what events took place during WWII?
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-segregation was still in place (segregated military)
-enemy used it against them (dropped leaflets asking why blacks were fighting when they have still have racial problems at home) |
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what was the korematsu v. u.s. case and what law was affected....was this a criminal or civil case?
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-if you are japanesse, u were placed in a concentration camp in order to prevent sabotage and espionage.
-procedural due process was affected (14th amend.) didn't give them a chance to prove their case -criminal (refused to go/ got arrested) |
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what was the holding in the Plessy v. Fergusson case and what was plessy's stand?
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-seperate but equal is ok. (included due process)
-he said if u have seperate, u have to have equal |
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What was the Civil Liberties Act of 1988?
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it specifically addressed the korematsu case
1.admitted to wrong 2.apologized 3.provided restitution($20,000/ person) -had to elect ur remedies-sue ct or go under statue *CLA made it easier to get money |
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what was the case before the brown cases?
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plessy case
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In "segregation in education," what are the 4 sets of cases?
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1.if no black law school-go to another
*supreme ct said unconst, 2.seperate law schools *supreme ct. said not equal (unconst.) 3.admit blacks into white law, but sit in blacks seperate section *sup. ct said unconst 4.brown I(1954)-quality of education not at question *supreme ct said seg. in public school is unconst. seperation of race stamps inferiority |
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what does "Amicus Curie Brief" mean?
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a "friend of the court" (type of brief used for brown case)
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what did brown II(1955) state?
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-decided to desegregate at all deliberate speed (elementary level?)
-it would be up to school districts to fashion remedy -cts will maintain jurisdiction (make sure they are implementing desegregation) |
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in 1860,how many states seceeded from the union...who was head of the union?
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11...abe lincoln
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what started the civil war in 1861?
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issue of slavery
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what was lincolns reason for the civil war?
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to reunite the union
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what was the confiscation act of aug. 6,1861?
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property used in rebellion against the U.S. would lawfully belong to this country (if property was slaves, they would be free)
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Militia Act of 1862 said what?
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-blacks can enlist to fight
-War department set up "Bureau of colored troops" -said Blacks soldiers:paid $7per/month white soldiers:paid $13per/month -lincoln needed more troops (b/c north didn't have as much at stake) -very small # fought for their master- if master was kind, they felt loyalty to them and fought for them |
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what affect did the emancipation have and why?
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-it had no affect b/c licoln didn't have power over confederate states
-convinced confed. slaves to come over to union and fight...10% of union troops were black/ 25% of navy sailors were black |
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what year did the civil war end...what was the percentage of blacks that were union troops and navy sailors?
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-april 9, 1865
-10% of total union troops 25% of navy sailors |
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who was the president for the confederate states?
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jefferson davis
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what was the issue in the dred scott case?
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whether blacks/slaves were a citizen of the country?
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what was the general proposition of the dred scott case?
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a black man has no rights that a white man is bound to respect
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what is a covenant, restrictive covenant, and deed?
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*covenant-agreement (contract)
*rest.covenant-puts limit on what owners can do. *Deeds-original covenant(restrictions can be in this) |
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In the shelly v. kramer case, what was said to be the deed and the holding of the case?
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-the original deed set by orgiginal owner said not to sell to sell to blacks (racially restricive covenant)
-Holding:the courts will not enforce racially restrictive covenants. Cts did not finf racially restric. covenant unconstitutional (basically u can still have covenant, just won't be enforced) |
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what is red lining?
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where banks and comps.take a red pen and literally outline areas they would not finance.
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what are the 2 grounds in which a company can discriminate?
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*rational basis- unprotected category (lower basis)
*Strict scrutiny-protected category (technical basis)ex. affirmitive action..race |
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what was the last area supreme ct. had to deal with segregation and what is it?
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miscegenation-dealing w/ interrracial marriages (seen in loving case)
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what were the 3 civil rights acts made after the era of reconstruction?
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-civil rights act of 1957, 1960, and 1964
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what does the civil rihts act of 1957 state?
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-gave power to investigate allogations of discrimination (whatever is going on in north,should go on in south)
-established civil rights division with in Justice Dept. (seperate area that specifically deals w/ civil rights) *if convicted (criminal), would be fined |
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what does the civil rights act of 1960 state?
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-stregthened existing laws of obstruction of court orders and imposed section of criminal penalties if they violate ind. civil rights...especially voting rts.
-ct ordered referees to monitor voting rts(make sure pple aren't being prevented) |
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what does the civil rights act of 1964 state?
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-broken into sections called "Titles" 4(IV) 6(VI) and 7(VII)
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what does title 4 deal with?
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-deals with public education and its need to desegregate in public education at ALL levels (elem., secondary, higher)
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under the civil rights act of 1964, what does title 6 state and what statute was passed?
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-deals w/ federal assisted programs...money given by govt.
-there should not be no discrimination before, at the time, or after u get the money -staute was passed: "The Elementary &Secondary Education School Act of 1965" *provided federal grants to school systems |
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this was the first general federal school aid in the u.s history and resulted in the final desegregation....?
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The Elementary and Secondart School Act of 1965
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under the civil rights act of 1964, what does title 7 state and what was established...by this what was premise?
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-deals w/ the elimination of discrimination on the job..including race, color, religion, sex &national origin)
-established EEOC (Equal Employment Opportunities Commission) -affirmitive action is premise in basis of bringing equality in employment (only applies to employment w/ 15 or more employees |
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when pertaining to affirmitive action under title 7, what are the two parts?
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*Quota-illegal (ex. for the yr of 2005 i will hire 7 asian employees)
*Goal-okay (ex. for the yr of 2005 i will "try" to hire 7 asian employees |
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who was the greatest benficiary of affirmitive action and can race be taken into an account as a factor?
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-white females....yes race can be a factor
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California(1997) "Proposition 209" did what?
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did away with all state forms of affirmitive action in Cali.
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State of Washington (1998) "Initiative 200" did what?
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became second state to completely abolish affirmitive action (state level)
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Florida (2000) "One Florida"did what?
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ended affirmitive action and was no longer allowed when pertaining to educational admission programs (college/ university)
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Michigan (2000) University of Michigan Cases inlcuded what teo cases and said what?
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-Gratz v. Bollinger(college level): gace points b/c you were a minority...
*trial level-said constitutional supreme ct.-unconstitutional -Grutter v. Bollinger (law school): said race would be "considered" in a diverse attempt *trial level:said unconstitutional supreme ct:constitutional |
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how did the original declaration protecte the institution of slvery?
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nowhere in the constitution would u find the terms slave or slavery b/c they didn't want to look bad
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what was the govt. brief based on?
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how govt. looked internationally to everyone elsse
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how many articles were in the original constitution in?
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7
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what are the two ways of changing the constitution?
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*interpretation (judicial)-supreme court does
*actual written (legislative)-amendment |
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how many places does the constitution deal w/ slavery?
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5 places
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what was the fugitive slave law?
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said just b/c u escaped does not mean that u are free...u will have to go back if found
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what is majority opinion?
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-has prescedent value/ opinion
-greater than 50% of judges that hear the case agree on outcome and reasoning of outcome |
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what is concurring opinion?
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agree on outcome, but disagree on the reason of outcome (can be on the majority side or dissenting side)
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what were the 3 opinions in the dred scott case?
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minority, majority, and dissenting opinion.
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what is minority opinion?
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-same area as concurring opinion, but only affects letigates. (has no prescedential power)
-agree on outcome, disagree on reason (deal w/ outcome) |
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what is dissenting opinion?
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disagree w/ majority on out come of case (deal w/ outcome)
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what is dissenting concurring opinion?
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-has no presidential value.
-they agreed that they disagreed, but have different reasons |
