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119 Cards in this Set

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T or F
Martin Luther King, Jr. advocated violent disobedience to unjust laws.
False
The Dred Scott v. Sanford case in 1857 resulted in the ruling that slaves were:_____________________
not citizens
The Plessy v. Ferguson ruling established the doctrine of:
SEPARATE BUT EQUAL
Lincoln freed the slaves in 1863 with the:
EMANCIPATION PROCLAMATION
Brown v. Board of Education of Topeka (1954) overturned:_______________
PLESSY v. FERGUSON
The Constitutional Amendment that abolished slavery was the:
13TH AMENDMENT
Which Act, enacted by Congress in 1965, sought to eliminate restrictions on voting that had been used to discriminate against blacks and other minority groups?
Voting Rights ACT
T or F
The Equal Rights Amendment to the Constitution was ratified in 1982.
False. It was never ratified.
Segregation that occurs due to residential patterns rather than official action is called:
De facto segregation
Describe the "Architectural barriers Act of 1968"
Required all buildings constructed with fed. money or leased by the feds must be made accessible to the handicapped.
T or F
The Civil Rights Act of 1964 was finally passed after a filibuster in the Senate.
True
Describe the Americans with Disabilities Act of 1990
1. firms with more than 25 employees are barred from discriminating against disabled individuals in hiring or promotions;
2. companies are required to make reasonable accommodations for disabled employeees, such as readers for blind workers and wider doorways for wheelchairs.
In the 1966 case,______________ the Supreme Court held that all poll taxes violated the equal protection clause of the Fourteenth Amendment
Harper v. Virginia Board of Elections
Elizabeth Cady Stanton was one of the organizers of the convention dealing with women’s rights held in ______________ in 1848.
Seneca Falls, NY
Civil rights activities among Hispanics, especially among farmworkers, grew during the 1960s under the leadership of________________ and the United Farm Workers union.
Cesar Chavez
Segregation by law is referred to as_________________ segregation
de jure (by law)
Demonstrations, marches, sit-ins, violence against blacks and civil rights supporters in the South and the 1963 civil rights march on Washington – all led to the passage of the________________ of 1964
Civil Rights Act
The right to vote for women was established by the _________________ Amendment to the Constitution, ratified in 1920.
19th Amendment
AIM stands for ______________________ .
American Indian Movement
T or F
A test of reasonableness is a test applied by the courts to determine whether a law is constitutional; it is based upon whether a reasonable person would agree that the law has a rational basis.
True
T or F
The Brown v. Board of Education of Topeka decision eliminated segregation.
False. It only ruled it unconstitutional.
T or F
In the University of California Regents v. Bakke case the U.S. Supreme Court found that strict quota systems for university admissions were constitutional.
False. Ct ruled them unconstitutional
In _______ the Supreme Court ruled that Native Americans were not citizens of the United states and therefore were neither protected by the Fourteenth Amendment nor granted the right to vote.
1884
What was the Sup. Ct ruling's in "Plessy v. Ferguson"?
"seperate but equal" doctrine with the Ct. upheld Plessy's arrest, stating that the 14th Amendment regulated only political equality and not social equality.
T or F
The Missouri Compromise prohibited slavery south of the Missouri’s southern border.
False. Slavery was prohibited NORTH of the Missouri's southern border
T or F
Strict scrutiny means that disparate treatment of the races by federal, state, or local public agencies must be evaluated for and found necessary to remedy past proven discrimination.
True
T or F
Preferential or compensatory treatment to assist black applications for university admissions and scholarships, job hiring and promotion, would be called affirmative admittance.
False. It is "affirmative action"
The separate but equal doctrine was established in the case of:__________________________
Plessy v. Ferguson
The right to be free from discrimination and receive equal protection are described as:_____________
Civil rights
Describe the "strict-scrutiny test"
test of laws which discriminate on the basis of a characteristic that is "immutable(unchangable) by birth, such as race or nationality or gender, are considered "suspect"; in such cases the burden shifts from the plaintiff to the state forcing the gov't to show the compelling reaons for the law.
Describe the case, "Swann v. Charlotte-Mecklenburg Board of Education
Decided in 1971, Supreme Ct. held that busing, numerical quotas for racial balancing , and other techniques were constitutionally acceptable means of remedying past discrimination.
Describe the case, "Regents of the U of California v. Bakke"
Bakke, a white male, sued the U of California (Davis) medical school claiming that he was more qualified than some of the minority candidates who were admitted. The U of Cal held 16 out of 100 positions open for minority candidates were given an advantage in admissions.
Define "de facto equality"
equality developed out of social, economic, and other nongovernmental factors
Cite an example of "de jure" equality
The South which had to be sanctioned by law
Cite an example of "de facto" equality
The North which developed out of social, economic, and other nongovernmental factors
Describe the ruling in "Bakke" decision:
Deciding vote, cast by Justice Lewis Powell, agreed in part with both groups:
1. the university's policies violated the 14th Amend's equal protection clause because its quota program provided specific benefits for students soley on race, BUT
2. since school had a substantial interest in promoting a diverse student body, admission policies that took race, ethnicity, and social and economic factors into account, while not employing strict quotas could be constitutional.
Describe the case, Brown v. Board of Education of Topeka, KS
9 year old Linda Brown was denied admission in the all white public school
Describe the ruling in Brown v. Board of Ed. of Topeka, KS
Was the combination of 4 ct cases all decided under the case, Brown v. Board of Ed.
Because segregated schools put African American children at a disadvantage they violated the equal protection clause of the 14th Amend.
Chief Justice Warren argued that the importance of education in contemporary society was far greater than it had vbeen at the time of the "Plessy" ruling.
List the legislative steps taken to achieve African American equality
1. African Americans permitted to testify against whites (1864)
2. Equal pay and benefits to all soldiers (1864)
3. Establish the Freedman's Bureau (1865)
4. 13th Amendment-abolished slavery
5. 14th Amendment-African Americans were citizens
6. 15th Amendment-no one denied right to vote based on race or color
7. Civil Rights Act of 1957
8. Civil Rights Act of 1964
9. Voting Rights Act of 1965
Descsribe "equality of opportunity"
people should have equal rights and opportunities to develop their talents.
Describe "equality of result"
all forms of inequality, including economic disparities, should be completely eradicated, meaning that this may mean giving some people an advantage at the start so that everyone will complete the race at the same point.
List recent ct cases that have diluted affirmative action:
1. Regents of U of Californai v. Bakke
Describe ruling in "Martin v. Wilks"
Affirmative action programs that were acceptable to employers and minorities could later be challenged by nonminority workers.
Describe the ruling in Lorance v. ATT
Ct reduced the amount of time available to plaintiffs wishing to bring employment discrimination suits
Describe the ruling in, "Independent Fed. of Flight Attendants v. Zipes
Ct limited the right of recovery of atty's fees in employment discrimination cases
Describe the ruling of Ward Cove Packing Co. v. Antonio
Ct. held that employees claiming employment discrimination had the burden of proving that employment qualifications were not necessary for the jobs they sought.
Identify the importance of "Minor v. Happersett"
In 1875, Minor's husband argued that the new privileges and immunities clause (14th & 15th Amendment)protected his wife's right to vote.
Describe the ruling of "Minor v. Happersett"
Ct ruled that voting privilege was reserved only for men by the Constitution and the state laws.
Describe the importance of the Civil Rights Act of 1964 to women
The act barred discrimination against any person on the basis of "race, color, religion, sex, or national origin."
Who is NOW?
National Organization for Women
Who proposed the Equal Rights Amendment?
NOW.
Describe the "test of reasonableness"
whether a reaasonable person would agree that law had a rational basis, thus makin it constitutional.
For women, the burden was placed on them to prove that a law that discriminated by gender was arbitrary, capricious, and totally unjustifiable.
Describe the case, "Craig v. Boren"
OK had a statute that permitted 18 year old girls permission to buy 3.2 beer, but boys could not do the same until they were 21.
What was Proposition 209?
Passed by California voters, it ended affirmative action in state hiring, education programs, and gov't contracts based on race, sex, or ethnic origins.
Describe the Civil Rights Act of 1957
Signed into law by Pres. Eisenhower, it
1. created the Civil Rights Commission to recommend legislation, and
2. gave the Justice Dept. the power to initiate lawsuits on behalf of African Americans who were denied the right to vote.
Who was Rosa Parks?
In 1955, she refused to move from her seat on a bus in Montgomery, AL setting off a boycott of the bus system that led to a federal ct ruling, affirmed by the Supreme Ct., that Montgomery could not maintain its policy of segregated transportation.
Describe the Civil Rights Act of 1964
Signed by Pres. Johnson, it
1. gov't could withhold funds from segregated public schools;
2. atty gen. was empowered to initiate school desegregation suits;
3. created the Equal Employment Opportunity Commission (EEOC);
4. placed authority in the Commissioner of Education
What did the Civil Rights Act of 1964 do in summary?
African Americans no longer had to rely on slow, case-by-case approach to end school segregation, and
Put the power of the fed bureaucracy behind efforts to end discrimination
Describe the American Indian Movement:
It occupied buildings and staged demonstrations, and in 1973 occupied Wounded Knee on the Pine Ridge Reservation in South Dakota
Describe the "Compromise of 1850"
1. California was admitted to the US as free state;
2. eliminated slave trade in the District of Columbia BUT cont'd to permit slavery there;
3. Utah and New Mexico territoris were not given fed. restrictions on slavery
What was a 4th feature of the "Compromise of 1850"?
Passed a stronger "Fugitive Slave Act" and provided for hundreds of addtional fed. officials to enforce it.

Political prospects for equality seemed more remote.
What is the improtance of "Dred Scott v. Sanford"?
Decided in 1857, Sup. Ct. ruled that 1. Scott could not sue in fed court because no African American, free or enslaved, could ever become a citizen of the US because African Americans were "not included, and were not intended, under the word "citizens" in the Consititution, and
2. the Missouri Compromise was unconstitutional because Congress could not deprive people of their property rights, in this case their slaves, under the due process clause of the 5th Amend.
Describe the Dred Scott v. Sanford case
Ruled in 1857, Dred Scott, a slave, was taken by his master from Missouri into the free state of Illinois and the free territory of Wisconsin. When his master died and Scott was returned to Missouri, he claimed that because had lived in areas where slavery was illegal, he was now a free man.
Describe the "1866 Civil Rights Act"
made African Americans US citizens and empowered the fed government to protect their civil rights.
Describe the 14th Amend to Const.
Passed by Congress because many members feared that the 1866 Civil Rights Act would not stand up in court, it makes African Americans US citizens and gives them rights of that citizenship.
Describe the 15th Amend.
Grants African Americans suffrage, or the right to vote.
Which 2 amendments did Congress require the Southern states to ratify before they could be readmitted into the US?
14th and 15th Amendments
Describe the case, "US v. Cruikshank
Cruikshank was part of a white mob that murdered 60 African Americans. Since murder was not a federal offense and the state authorities had no intention of prosecuting anyone for the crime, the members of the mob were indicted on fed charges with interfering with the murdered men's right to assemble.
What was the ruling in "US v. Cruikshank"?
Under the 14th Amendment only STATE ACTION, or action by the state gov't under the color of law to deprive rights, was subject to decisions by the fed. court.
IN OTHER WORDS, THE FED GOV'T COULD NOT PROSECUTE INDIVIDUALS.
This ruling left the states free to ignore lynchings, assaults, and mob actions against African Americans within their borders.
What was the ruling in "US v. Cruikshank"?
Under the 14th Amendment only STATE ACTION, or action by the state gov't under the color of law to deprive rights, was subject to decisions by the fed. court.
IN OTHER WORDS, THE FED GOV'T COULD NOT PROSECUTE INDIVIDUALS.
This ruling left the states free to ignore lynchings, assaults, and mob actions against African Americans within their borders.
What do the letters, NAACP, stand for?
National Association for the Advancement of Colored People
Who was a leading founder of the NAACP?
W.E.B. DuBois
When was the NAACP founded?
1909
Who was the 1st African American to graduate from Harvard with a Ph.D?
W.E.B. DuBois
Which case, Gatz v. U of Michigan or Grutter v. U of Michigan, claimed discrimination of a law school applicant?
Grutter v. U of Michigan
Which case, Grutter v. U of Michigan or Gatz v. U of Michigan, claimed discrimination of U of Michigan's undergraduate admissions policy?
Gatz v. U of Michigan
What case against U of Michigan was found unconstitutional?
Gatz v. U of Michigan, the case involving undergraduate admissions
What case against the U of Michigan narrowly passed as constitutional?
Grutter v. U of Michigan, the law school admissions case.
What case against U of Michigan was found unconstitutional?
Gatz v. U of Michigan, the case involving undergraduate admissions
Define "de jure equality"
equality sanctioned by law
What about the issue of slave reparations?
In 2002 on behalf of the 35 million descendents of slaves, a suit was filed against 2 insurance complanies, Fleet Boston Financial Corpt. and Aetna, Inc. who are accused of writing insurnace policies on slaves.
Other suits are being planned.
Congress continues to avoid legislation even calling for a study. The question is whether the courts will do what Congress is not.
Describe the issue of Title IX.
In 1972, it is Title IX of the Federal Education Amendments, promised that "no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving gfederal financial assistance."
Result was that every federally funded college and un iverszity had to provide opportunities for men and women in the varsity sports roughly equal to the proportion of each gender in the school, unless they could prove some overriding reason for not doing so.
Also, the school had to give out scholarships to male and female varsity athletes in substantially the smae proportion as those participating in the sports.
The right to be free from discrimination and receive equal protection are described as:
civil rights
The Dred Scott v. Sanford case in 1857 resulted in the ruling that slaves were:
not citizens
The Plessy v. Ferguson ruling established the doctrine of:
separate but equal
Lincoln freed the slaves in 1863 with the:
Emancipation Proclamation
Brown v. Board of Education of Topeka (1954) overturned:
Plessy v. Ferguson
The Constitutional Amendment that abolished slavery was the:
Thirteenth Amendment
Which Act, enacted by Congress in 1965, sought to eliminate restrictions on voting that had been used to discriminate against blacks and other minority groups?
Voting Rights Act
Jim Crow laws are those laws that enforced:
segregation
Segregation that occurs due to residential patterns rather than official action is called:
De facto segregation
The Equal Rights Amendment was proposed by NOW in
1967
Describe Jeb Bush's "One Florida" program
would guarantee admission to state colleges and universities to the top 20% of graduating seniors in the state, increase financial aid and test preparation assistance for poor student, and end the "racial set-aside" programs for minorites seeking governments.
Describe what happened to the rate of admissions of minority students by 2001 in Florida as a result of the "one Florida" program
It was running 5% behind the normal rate.
What does ADA stand for:
Americans with Disalities Act 1990
What does MALDEF stand for?
Mexican American Legal Defense and Education Fund - late 1960's
What did MALDEF do?
Campaigned for integration, equal school financing, and full protection of voting rights, and against discrimination in employment.
What does LULAC stand for?
League of United latin American Citizens - 1929
What is the importance of the case, Cobell v. Norton
Cobell, a member of the Blackfeet Nation, sued Secy of Interior Norton for the revenue that was supposed to be held in trust raised from mining, oil, timber, and grazing rights that were leased out. A class-action representing over 500,000 Native Americans, estimates of the award range from $40 to $137 Billion.
Describe the Missouri Compromise
Passed in 1820
1. Missouri was admitted to US as a slave state;
2. Maine was admitted to US as a free state; and
3. slavery was prohibited in the remainder of the Louisiana Purchase territory south of Missouri's southern border
Describe the Voting Rights Act of 1965
1. Areas where less than 50% of the population had been registered to vote or had voted in the 1964 presidential election were automatically found to be in violation of the law;
2. Literacy tests and other such devices was prohibited;
3. No new voting qualifications could be imposed without the approval ot eh atty gen.;and
4. federal examiners were sent to those areas to assist in the registration of voters and to observe elections.
Describe the case, "Katzenbach v. McClung"
Supreme Ct noted that although Ollie's Barbecue (Birmingham, AL)had few interstate customers, it obtained supplies through interstate commerce; therfore it was subject to congressional regulation.
Describe the Native American "ethnic movement vs. the tribal movement
Ethnic movement - wishes to participate in American democracy
Tribal movement - create its own concept of democracy, removed from the US gov't.
Describe the ruling in "Craig v. Boren"
Ct. struck down law under 14th Amend. and applied the heightened security test. Laws that clssify people according to their sex must now "serve important governmental objectives and must be substantially related to the achievement of those objectives"
Describe the ruling in, "City of Richmond v. Croson"
held that a state contract with a set-aside affirmative action plan could be designated only to remedy specific instances of past discrimination
Describe the "heightened scrutiny test"
A middlelevel standard that would force the state to prove more than just the reasonableness of a law, though not its compelling nature, in order to justify it.
For women's rights cases, this means proving the improtant governmental objectives of the law's goals and linking it to the wording of the law.
Describe the case, "Plessy v. Ferguson"
1896, Plessy, who was 1/8th African American, had sought to ride in a railroad car designated as "whites only," rather than in the car at the end of the train designated for "coloreds only," as requried by law and had been arrested.
Describe the case, "Brown v. Board of Educaiton of Topeka, KS"
Linda Brown was 9 yo who was denied admittance to local public school
What does LULAC stand for?
League of United Latin American Citizens - 1929
The case of Grutter against the U of Michigan was actually titled?
Grutter v. Bollinger
Bollinger was the Dean of the Law School.
In what year Congress pass the Indian Citizenship Act, which gave Native Americans the right to vote.
1924
Describe the ruling in, "Patterson v. McLean Credit Union:
once a private employment contract was made, employers could not be held liable for issues such as racial harassment and discrimination, because such issues were subsequent to the making of that contract
T or F
When Rosa Parks refused to give up her seat to whites on an Atlanta, Georgia bus it set off a year-long bus boycott in that city.
False. The City was Montgomery, AL
List recent decisions that have diluted affirmative action:
1. Regents of U of California v. Bakke
2. Martin v. Wilks
3. City of Richmond v. Croson
4. Patterson v. McLean Credit Union
5. Lorance v. ATT
6. Independent Fed. of Flight Attendants v. Zipes
7. Wards Cove Packikng Co. v. Antonio
8. Gratz v. U of Michigan
9. Grutter v. Bollinger/U of Michigan law school
Describe the "Freedman's Bureau"
Est. by Congress in 1865, it began as an agency of the War Dept. that was authorized to assist the newly freed slaves in making the transition to freedom.
Later, Radical Republicans gave the Freedman's Bureau additional powers to settle labor disputes and nullify oppressive labor contracts.
Describe the Civil Rights Restoration Act of 1988
Bars any institution that discriminates based on race, sex, age, or handicap from receiving fed funds.
Describe the Equal Pay Act of 1963
Equal pay for Equal work, BUT employers were still free to create different job classifications with varying rates of pay.
Describe the 13th Amend. to Const.
Ratified in 1865, it abolishes slavery:
Sec. 1 Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the US, or in any place subject to their jurisdiction.
Sec. 2 Congress shall have power to enforce this article by appropriate legislation
Jim Crow laws are those laws that enforced:
SEGREGATION