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70 Cards in this Set

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What is the only document that is vague/overbroad?
constitution
the era of reconstruction included what specific ammendments and acts and in what order?
1.13th ammendment
2.Civil Rights Act of 1866
3.14th ammendment
4.15th ammendment
5.Civil Rights Act of 1875
in 1865 who and what amendment ended slavery?
13th amendment....congress
the civil rights act of 1866 said what?
-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
what act overuled the Dred Scott case?
civil rights act of 1866
civil rights act was similar to which ammendment?
14th
what 3 things does the 14th ammendment include?
1.1868-born or naturalized in the U.S., u are a citizen (confirmed it)
2.Due Process Clause
3.Equal Protection Clause
the due process clause includes which two ammendments and who controls those actions?
~14th ammend.- state control action

~5th ammend.-federal controls action
what are the 2 types of due process..explain them?
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)
what are the 3 parts in the procedural due process and the 2 parts in the substantive due process?
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
what made it clear that individuals would not be compensated for lost slaves from the u.s. or any state?
due process clause during era of reconstruction
the 15th amendment in 1870 did what?
gave the right to vote
the civil rights act of 1875 stated what?
-all public accomodations are available to everyone no matter what their race.
what were the civil rights act of 1875 civil and criminal penalties?
*all public accomodations available, no matter what race
civil-$500 per offense
criminal-fined: $500-$1,000
-prison: 30days-1yr
what is the Freemans Bureau?
-if they were educated and no longer under the master...they help set up4,000 schools

-blacks held offices @local, state, and federal level
what were the 8 methods used in the overthrow of the era of reconstruction?
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.
how effective was the overthrow of the era of reconstruction by the southerners?
100%...gradfather clause was so successful
what is sharecropping?
-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)
who is Booker T. Washington?
-founder of Tuskeegee Institute
-provided blacks w/ vocational training
-taught that pple should accept existing condition and change gradually
who is W.E.B. Dubois?
-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
what are the events of WWI?
-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
what events took place during WWII?
-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)
what was the korematsu v. u.s. case and what law was affected....was this a criminal or civil case?
-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)
what was the holding in the Plessy v. Fergusson case and what was plessy's stand?
-seperate but equal is ok. (included due process)
-he said if u have seperate, u have to have equal
What was the Civil Liberties Act of 1988?
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
what was the case before the brown cases?
plessy case
In "segregation in education," what are the 4 sets of cases?
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
what does "Amicus Curie Brief" mean?
a "friend of the court" (type of brief used for brown case)
what did brown II(1955) state?
-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)
in 1860,how many states seceeded from the union...who was head of the union?
11...abe lincoln
what started the civil war in 1861?
issue of slavery
what was lincolns reason for the civil war?
to reunite the union
what was the confiscation act of aug. 6,1861?
property used in rebellion against the U.S. would lawfully belong to this country (if property was slaves, they would be free)
Militia Act of 1862 said what?
-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
what affect did the emancipation have and why?
-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
what year did the civil war end...what was the percentage of blacks that were union troops and navy sailors?
-april 9, 1865
-10% of total union troops
25% of navy sailors
who was the president for the confederate states?
jefferson davis
what was the issue in the dred scott case?
whether blacks/slaves were a citizen of the country?
what was the general proposition of the dred scott case?
a black man has no rights that a white man is bound to respect
what is a covenant, restrictive covenant, and deed?
*covenant-agreement (contract)
*rest.covenant-puts limit on what owners can do.
*Deeds-original covenant(restrictions can be in this)
In the shelly v. kramer case, what was said to be the deed and the holding of the case?
-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)
what is red lining?
where banks and comps.take a red pen and literally outline areas they would not finance.
what are the 2 grounds in which a company can discriminate?
*rational basis- unprotected category (lower basis)
*Strict scrutiny-protected category (technical basis)ex. affirmitive action..race
what was the last area supreme ct. had to deal with segregation and what is it?
miscegenation-dealing w/ interrracial marriages (seen in loving case)
what were the 3 civil rights acts made after the era of reconstruction?
-civil rights act of 1957, 1960, and 1964
what does the civil rihts act of 1957 state?
-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
what does the civil rights act of 1960 state?
-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)
what does the civil rights act of 1964 state?
-broken into sections called "Titles" 4(IV) 6(VI) and 7(VII)
what does title 4 deal with?
-deals with public education and its need to desegregate in public education at ALL levels (elem., secondary, higher)
under the civil rights act of 1964, what does title 6 state and what statute was passed?
-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
this was the first general federal school aid in the u.s history and resulted in the final desegregation....?
The Elementary and Secondart School Act of 1965
under the civil rights act of 1964, what does title 7 state and what was established...by this what was premise?
-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
when pertaining to affirmitive action under title 7, what are the two parts?
*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
who was the greatest benficiary of affirmitive action and can race be taken into an account as a factor?
-white females....yes race can be a factor
California(1997) "Proposition 209" did what?
did away with all state forms of affirmitive action in Cali.
State of Washington (1998) "Initiative 200" did what?
became second state to completely abolish affirmitive action (state level)
Florida (2000) "One Florida"did what?
ended affirmitive action and was no longer allowed when pertaining to educational admission programs (college/ university)
Michigan (2000) University of Michigan Cases inlcuded what teo cases and said what?
-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
how did the original declaration protecte the institution of slvery?
nowhere in the constitution would u find the terms slave or slavery b/c they didn't want to look bad
what was the govt. brief based on?
how govt. looked internationally to everyone elsse
how many articles were in the original constitution in?
7
what are the two ways of changing the constitution?
*interpretation (judicial)-supreme court does
*actual written (legislative)-amendment
how many places does the constitution deal w/ slavery?
5 places
what was the fugitive slave law?
said just b/c u escaped does not mean that u are free...u will have to go back if found
what is majority opinion?
-has prescedent value/ opinion
-greater than 50% of judges that hear the case agree on outcome and reasoning of outcome
what is concurring opinion?
agree on outcome, but disagree on the reason of outcome (can be on the majority side or dissenting side)
what were the 3 opinions in the dred scott case?
minority, majority, and dissenting opinion.
what is minority opinion?
-same area as concurring opinion, but only affects letigates. (has no prescedential power)
-agree on outcome, disagree on reason (deal w/ outcome)
what is dissenting opinion?
disagree w/ majority on out come of case (deal w/ outcome)
what is dissenting concurring opinion?
-has no presidential value.
-they agreed that they disagreed, but have different reasons