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PS 3260
final terms
| Term | Definition |
|---|---|
| explain intermediate or heightened scrutiny | there must be an important government interest and the law must be substantially related to achieve the interest. used on cases of sex discrimination |
| explain strict scrutiny | there must be a compelling state interest and the law must be narrowly tailored. used in cases of race (suspect class) or fundamental rights (right to marry, privacy, etc.) |
| what are civil liberties | the language describing personal freedoms contained within the bill of rights |
| what are civil rights | legal provisions originating from the concept of equality and people with shared charactersitics who have been historically disadvantaged (race, sex, religion) |
| explain the 13A and the 15A | 13A: abolished slavery. it was aimed at the states to end enslavement of people 15A: gives african american males the right to vote they were aimed at state action |
| what is 14A | no state shall "deny to any person within its jurisdiction the equal protection of laws" |
| what are the two major elements that enact the 14A | 1) the law must create a classification that treats one group unequally than the others 2) it must have a state action (by the government, either local, municipal, or state) |
| what is discrimination | to distinguish between people or things |
| what is invidious discrimination | discrimination that is arbitrary and capricious unequal treatment that the state cannot adequately justify. it is typically based on skin color, gender, or the intent to target a group/individual |
| explain rational basis scrutiny | there must be a legitimate government interest and the law must be rationally related to achieve the interest. used for all other calssifications (non-suspect class and non-fundamental right) |
| what constitutes as a state action | actions by the towns, cities, counties, and state officials. discrimination by private individuals/organizations does not count as state action |
| what is the title IX (9) of the education amendments of 1972 | bars sex discrimination in federally funded education programs |
| what is the americans with dissabilities act of 1990 | the law eliminates discriminiation against the disabled in employment and public services/accomodations |
| what was the language used in the decision of brown v boe II | the court said that desgregation process should be done in "All deliberate speed" and that the school districts must make a prompt and reasonable start. warren was trying to move around the executive branch because Eisenhower was not a fan of desegregati |
| what is the federal fair housing act of 1968 | this made writing a restrictive covenant in a deed illegal |
| what is 19A | the right to vote cannot be denied on teh account of sex gives women the right to vote |
| what is 24A | denies both the federal government and the states the power to impose a poll tax as a voter qualification for federal elections |
| what is 26A | it set the minimum voting age to 18 for state and federal elections |
| what was the coverage formula | the coverage formula determined which states and localities were subject to the acts special provisions, it was aimed at targeted areas with a history of racial discrimination in voting |
| coverage formula requirements within the special provision of the voting act of 1965 | 1) a discriminatory test/device was in operation in November 1964 2) less than 40% of the voting age population was registered to vote/did vote |
| important notes from the footnote four in the US v carolene products case | 1) certain groups are more likely than others to be the target o discrimination theyre politically powerless 2) the court not trust legislators to draw classifications that reflect legitimate interests rather than a bad motive: prejudice |
| what are affirmative action programs | aimed at reducing the effects of past discrimination |
| what form do affirmative action programs take | 1) provides preferences for historically disadvantaged groups in hiring promotion, college admissions, and training programs 2) "minority set aside programs" they require a certain proportion of gov businesses be awarded to companies operated by minority |
| what is the violence against women act of 1994 | provides assistance to law enforcement and authorizes federal support for social programs designed to combat domestic violence |
| what do the decisions in Bakke, Grutter, and Fisher all have in common | that race can be used as one factor in promoting diversity |
| what was established in san antonia independent school district v. rodriguez | education is not a fundamental right the poor are not a suspect class |
| what case awared suspect status to non-citizens (aliens) | graham v richardson |
| in cases nvolving discriminatory practices from the federal government, what constitutional provision can be used | the 5A due process clause "no person shall be deprived of life, liberty, or property without due process of the law" bolling v sharpe determined this |
| what is the civil rights act of 1964 | regulated discrimination in employment, education, and public accomodations. it outlawed all discrimination of race, sex, national origin, and religion |
| what was the equal pay act of 1963 | prohibits discrimination of wages based on sex. it mandates men and women to recieve equal pay for equal work on jobs and the perfomance that requires equal skill, effort, and responsibility |
| what is the civil rights act of 1968 | prohibits discrimination in the sale, rental, advertising, and financing of housing based on race, religion, national origin, sex, etc. its unlawful to refuse to sell a house to a buyer based on race, sex, religion |
| what is the voting rights act of 1965 | sought to outlaw racial discrimination in voting aimed to ensure that african americans and other minorities could exercise their right to vote, which had been suppressed through practices like literacy tests, poll taxes, intimidation |
| what is the age discrimination in employment act of 1967 | bans employment discrimination based on age |
| what is the civil rights act of 1991 | provides punitive damages in cases of intentional employment discrimination |
| explain the significance of the section 8 title 1 of the commerce clause | grants congress the power to regulate interstate commerce allowed congress to pass laws addressing discrimination in private businesses and institutions involved in interstate commerce interstate=crossing state lines commerce=business/trade |
| describe the separate but equal doctrine | as long as separate facilities or services provided for black americans were deemed equal to those for white americans legalized racial segregation and ruled that it was not deemed as inequality under 14A affected transportation, schools, hospitals, etc |
| what is a deed | a legal document that outlines conditions or restrictins placed on the use or transfer of property |
| what was the preclearance requirement within the special provisions of the voting act of 1965 | the states that fell under the clearance formula were prohibited from implementing any change in their election procedures without gaining approval from the US justice department non-covered states could change their electoral systems at will |
| what is a facially neutral law | laws that have discriminatory effects from its administration not from the language itself the court will look to see if discriminatory intent was present by the gov... if so it will use a higher level of scrutiny |
| what is the known truth about cases that came under the rational basis test | classifications were highly unlikely to be struck down. the court usually gave deferences to the gov/state.. especially if they claim to be promoting safety, health, or welfare of its citizens |
| what are anti-miscegenation laws | laws that used to prohibit interracial sexual relations and marriage |
| what are 2 different types of race cases that meet the court today | 1) laws/programs that draw lines on the basis of race but are designed to benefit, rather than burden, ethnic minorities 2) laws that are written in a racially neutral language, but that may, in their impact, disproportionately disadvantage a racial |
| what is the origin of affirmative action programs | president johnson issued an executive order that instructed the labor department to ensure that businesses were contracting with the federal gov and this it was non discriminatory from there, gov contractors altered their policies to recruit minorities |
| under what scrutiny standards would affrimative action programs pass/fail | strict scrutiny: the programs would fail rational basis: the programs would pass |
| what is the equal rights admentment (ERA) | proposed in 1972 but was never ratified it states that equal rights cannot be denied on the basis of sex |
| what is the pregnancy discrimination act of 1978 | forbids employment discrimination on the grounds of pregnancy |
| what is the family and medical leave act of 1993 | allowes employees to take up to 12 weeks of unpaid leave to stay home with a new baby or sick family member |
| who argued the reed v. reed case before the supreme court | RBG |
| who argued sweatt v painter and brown v boe before the supreme court | thurgood marshall |
| what is the difference between easy cases and difficult cases in gender discrimination | easy: based on stereotypical generalizations about sex differences, female inferiority, barely standard minimum scrutiny hard: involve the physicial differences btwn men and women. raise a fundamental problem bc men&women arent similarly situated |
| when looking at economic discrimination action policies, how does the court determine what level of scrutiny to use | if the classification burdens a findamental right or suspect class-- strict scrutiny if not-- rational basis |
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