GOV Chapter Test 6

civill disobedience

Opposing a law one considers unjust by peacefully disobeying it and accepting the resultant punishment

suspect classification

classifications of people based on their race or ethnicity; laws so classifying people are subject to "strict scrutiny"

Equality of Opportunity

giving people an equal chance to succeed

Landmark Civil Rights Case: Green v. County School Board of New Kent County (1968)

Banned a freedom-of-choice plan for integrating schools, suggesting blacks and whites must actually attend racially mixed schools

seperate but equal doctrine

->The doctrine established in Plessy v. Ferguson that African Americans could constitutionally be kept in separate but equal facilities ->3 years later it was applied to schools with Cumming v. Richmond, which allowed a Georgia community to close a Black high school and keep open a White high school

Civil Rights

-the rights of people to be treated without unreasonable or unconstitutional differences -Civil rights refer to cases in which some group, usually defined along racial or ethnic lines, is denied access to facilities, opportunities, or services that are available to other groups -ex: Brown v. Board of Education (1954) - Overrules Plessy v. Ferguson (no stare decisis). Racial segregation violates 14th Amendment Equal Protection Clause ("separate is inherently unequal")

reverse discrimination

-using race or sex to give preferential treatment to some people -some people hold that if it wrong to discriminate against African Americans and women, it is equally wrong to give them preferential treatment over other groups

Landmark Cases: Privacy and Abortion 1: Griswold v. Connecticut (1965) 2: Roe v. Wade (1973) 3: Planned Parenthood v. Casey (1992)

1: Found a "right to privacy" in the Constitution that would ban any state law against selling contraceptives 2: State laws prohibiting abortion were unconstitutional 3: Reaffirmed Roe v. Wade but upheld certain limits on its use

Landmark Cases: Women's Rights: 1: Reed v. Reed (1971) 2: Craig v. Boren (1976) 3: Rostker v. Goldberg (1981) 4: United States v. Virginia (1996)

1: Gender discrimination violates the equal protection clause of the Constitution 2: Gender discrimination can be justified only if it serves "important governmental objectives" and is "substantially related to those objectives" 3: Congress can draft men without drafting women 4: State may not finance an all-male military school

Chap 6 Q: Explain the intent of affirmative action programs in the US and identify Supreme Court rulings related to the issue.

Affirmative action refers to laws or administrative regulations that require a business firm, government agency, labor union, school, college, or other organization to take positive steps to increase the number of African Americans, other minorities, or women in its membership. As a way to make the playing field between races equal, affirmative action is utilized in the hiring process. For example, regarding women, it is not enough that women should simply be free to enter the labor force; they should be given the material necessities, such as free daycare, that will help them enter it. Some Supreme Court Cases related to the issue include Richmond v. Croson (1989), which stated affirmative action plans must be judged by the strict scrutiny standard that requires any race-conscious plan to be narrowly tailored to serve a compelling interest and Parents v. Seattle School District (2007), which stated race cannot be used to decide which students may attend especially popular high schools because this was not "narrowly tailored" to achieve a "compelling" goal.

Landmark Civil Rights Case: Swann v. Charlotte-Mecklenburg Board of Education (1971)

Approved busing and redrawing district lines as ways of integrating public schools

Chap 6 Q: Discuss how American public opinion has changed over time regarding gay rights.

At first, with the Supreme Court, states were allowed to decide how many rights gay individuals should have. As a result, states like Georgia, for example, passed a law banning sodomy, which is any sexual contact involving certain sex organs. But later, voters in Colorado adopted a state constitutional amendment that made it illegal to pass any law to protect persons based on their "homosexual, lesbian, or bisexual orientation." However, the Supreme Court did strike this amendment down because it violated the equal protection clause of the federal Constitution. At this point, state by state, a complicated set of political and legal actions and counteractions had begun. In addition, these shifts in gay related legislation showcase the broad shifts in social norms and mores as well. For example, a generation ago, the American Psychological Association classified homosexuality as a mental disorder, and openly gay individuals were extremely rare in most parts of the country. However, today many Americans are openly gay, and society is much more accepting of gays and lesbians in all aspects of life. Clearly, public opinion has changed a lot over time regarding gay rights.

Landmark Civil Rights Case: Dred Scott Case, Scott v. Sanford (1857)

Congress had no authority to ban slavery in a territory. A slave was considered a piece of property.

Chap 6 Q: Summarize how American political institutions and public opinion have expanded civil rights. Use current issues/events as examples.

It is clear that American political institutions and public opinion have expanded civil rights. This is especially true regarding gay rights. A generation ago, the American Psychological Association classified homosexuality as a mental disorder, and openly gay individuals were extremely rare in most parts of the country. However, today many Americans are openly gay, and society is much more accepting of gays and lesbians in all aspects of life. As a result, this dramatic change of opinion has led to political institutions being more accepting of gays as well. An example of this is in 1996 when people in Colorado supported a law that would prevent protective laws from being passed for members of the LGHBTQ+ community. But, following the changing public opinion in favor of gay rights, the Supreme Court deemed it unconstitutional. Additionally, the Obergefell v. Hodges case is a prime example of this as well. Obergefell v. Hodges took place on June 26, 2015, which is very recent. As stated previously, it is clear that public opinion with gay rights has definitely changed from limited and negative to very progressive. Since this case took place in 2015, it is clear it reflects the changed progressive opinions of the American public with the case's decision that gay marriage was constitutional.

Affirmative Action

Laws or administrative regulations that require a business firm, government agency, labor union, school, college, or other organization to take positive steps to increase the number of African Americans, other minorities, or women in its membership.

Landmark Cases: Gay Rights Obergefell v. Hodges (2015)

Same-sex couples have a constitutional right to marry

Chap 6 Q: Identify and explain how federal legislation & Supreme Court decisions have attempted to end racial discrimination in the US.

The path for African Americans to end racial discrimination has been a long and hard journey. For example, the Dred Scott case, Scott v. Sanford (1857) which stated Congress had no authority to ban slavery in a territory as a slave was considered a piece of property. Another prime example of this hard journey is the "separate but equal" doctrine, which was a legal doctrine in the United States, according to which racial segregation did not necessarily violate the Fourteenth Amendment and supported that blacks and whites could be separated if their conditions and opportunities were equivalent, which clearly was not the case. It was evident that Blacks were treated much worse and for decades had to endure this horrible treatment. The case reflecting this terrible doctrine was Plessy v. Ferguson (1896), which upheld separate-but-equal facilities for white and black people on railroad cars. However, after having overcome many hurdles, federal legislation & Supreme Court cases finally made efforts to attempt to end racial discrimination in the US. An example of this being Brown v. Board of Education (1954), which said separate public schools are inherently unequal, thus starting racial desegregation. In addition, the case Green v. County School Board of New Kent County (1986), which banned a freedom-of-choice plan for integrating schools, suggesting blacks and whites must actually attend racially mixed schools. This case provides another example of the Supreme Court making efforts to end racial discrimination in the US by supporting whites and blacks attending school together. Regarding federal legislation, after much protesting, five civil rights laws were passed between 1957 and 1968. Three (1957, 1960, and 1965) were chiefly directed at protecting the right to vote; one (1968) was aimed at preventing discrimination in housing; and one (1964), the most far-reaching of all, dealt with voting, employment, schooling, and public accommodations for blacks.

Strict Scrutiny

The standard by which "suspect classifications" are judged. To be upheld, such a classification must be related to a "compelling government interest," be "narrowly tailored" to achieve that interest, and use the "least restrictive means" available

Chap 6 Q: Identify & explain how federal legislation and US Supreme Court decisions have attempted to advance women's rights in the US.

To start, the origin of the movement to give more rights to women likely originated with the Seneca Falls Convention in 1848 where the leaders demanded the right to vote for women. Finally, in 1920, this came to fruition with the 19th Amendment, which gave women the right to vote. Then, World War II, a time when many women got employed in jobs they rarely held, skyrocketed the feminist movement afterwards. Congress responded to the dramatic increase in this movement by passing laws that required equal pay for equal work, prohibited discrimination based on sex in employment and among students in any student or university receiving federal funds, and banned discrimination against pregnant women on the job. Also, the Supreme Court passed the 14th Amendment, which prohibits any state from denying to "any person" the "equal protection of the laws." Furthermore, another example of the Court progressing and applying women's rights was in 1971, when the Court held that an Idaho statue was unconstitutional since it required that males be preferred over females when choosing people to administer the estates of deceased children. Lastly, there are also a multitude of examples of landmark cases that involved women's rights. First, Reed v. Reed (1971), which stated that gender discrimination violates the equal protection clause of the Constitution. Second, Craig v. Boren (1976), which stated that gender discrimination can be justified only if it serves "important governmental objectives" and is "substantially related to those objectives." Third, Rostker v. Goldberg (1981), which stated that Congress can draft men without drafting women. Fourth, United States v. Virginia (1996), which stated States may not finance an all-male military school.

Landmark Civil Rights Case: Plessy v. Ferguson (1896)

Upheld separate but equal facilities for white and black people on railroad cars

Equality of Results

making certain that people achieve the same result

de jure segregation

racial segregation required by law

de facto segregation

racial segregation that occurs in schools, not as a result of the law, but as a result of patterns of residential settlement

Police powers

state power to effect laws promoting health, safety, and morals