PS-101 Ch 5 Study Guide

The __________ was created in 1964 to investigate complaints about illegal employment discrimination. a. Equal Employment Opportunity Commission b. Civil Rights Commission—Consider This: There was never any broad ranging commission created to address general civil rights violations. c. Warren Commission d. Hayes Commission

a. Equal Employment Opportunity Commission

The Civil Rights Act of 1964 was designed to overturn which of the following? a. integration b. Jim Crow laws c. nonviolent direct action-_Consider This: The civil rights movement relied heavily on non-violent direct action to achieve their goals. d. the Fifteenth Amendment

b. Jim Crow laws

Brown v. Board of Education overturned __________. a. Milliken v. Bradley b. Bakke v. University of California Board of Regents c. Plessy v. Ferguson d. Romer v. Evans -Consider This: This case dealt with the issue of LGBT discrimination.

c. Plessy v. Ferguson

Which of the following describes equality of condition? a. A conception of equality that values equal economic status as well as equal access to housing, health care, education, and government services. b. A conception of equality that seeks to provide all citizens with opportunities to participate in the economic system and public life. c. Equality of opportunity is more important than equality of results.—Consider This: Equality of results focuses on the outcomes of policy. d. It exists when public policies and legal protections provide equal opportunity, fair and open political participation, and equal treatment under the law.

a. A conception of equality that values equal economic status as well as equal access to housing, health care, education, and government services.

What was the status of affirmative action in college admissions after the Supreme Court decisions in Bakke v. University of California Board of Regents (1978) and Grutter v. Bollinger (2003)? a. Affirmative action policies that consider race a plus factor (among other things) are permissible, as the advancement of diversity is a compelling government interest. b. Affirmative action policies are assumed to be unconstitutional unless the university can demonstrate the need to promote racial tolerance. c. Affirmative action policies must ensure that all racial and ethnic groups are represented in accordance with the population of the nation as a whole. d. All forms of affirmative action are unconstitutional because they unfairly favor some people over others based on the color of their skin.—Consider This: While the Court is becoming less supportive of affirmative action the programs remain constitutional.

a. Affirmative action policies that consider race a plus factor (among other things) are permissible, as the advancement of diversity is a compelling government interest.

To what extent were the civil rights of African Americans protected after the Civil War? a. Attempts to protect the civil rights of African Americans after the Civil War were largely unsuccessful for decades. b. No attempts were made to protect the civil rights of African Americans until Reconstruction ended.—Consider this: The southern states followed the letter of the law but violated the spirit. c. The civil rights of southern African Americans were considerably greater than their northern counterparts. d. It was two decades after the Civil War before African Americans had civil rights that were comparable to those of whites.

a. Attempts to protect the civil rights of African Americans after the Civil War were largely unsuccessful for decades.

Which of the following is an example of de jure segregation? a. Jim Crow laws b. the tendency for churches to be racially homogeneous—Consider This: This type of segregation occurs out of practice. c. the small number of African American senators d. Title IX legislation

a. Jim Crow laws

Which of the following accurately describes why, when the National Association for the Advancement of Colored People (NAACP) was formed, the organization chose to use the court pathway instead of other pathways to advance its goals? a. Lack of responsiveness from elected officials and clear evidence of racial discrimination led the organization to use the pathway of action that was open to it. b. Hostility toward African Americans had subsided, so the organization saw the opportunity to move forward in the courts with greater acceptance on the part of both judges and the public.—Consider This: African Americans had almost no elected political influence in the Southern states. c. Most law schools had opened admissions to African Americans, so with the growing number of black lawyers, the court pathway seemed to be a natural course. d. The separate-but-equal doctrine of Plessy v. Ferguson had been overturned, which allowed for the entry of African Americans into the political and legal arenas.

a. Lack of responsiveness from elected officials and clear evidence of racial discrimination led the organization to use the pathway of action that was open to it.

What was the constitutional basis for the Supreme Court's decision in Romer v. Evans (1996)? a. The equal protection clause prohibited states from preventing gays and lesbians from seeking special protections available to other groups. b. The Americans with Disabilities Act prevents discrimination in employment and public accommodation. c. The due process clause indicates that rights are violated by separate-but-equal statutes.—Consider This: The Romer case dealt with a series of anti-discrimination laws passed by cities in Colorado. d. The First Amendment demands universal suffrage.

a. The equal protection clause prohibited states from preventing gays and lesbians from seeking special protections available to other groups.

Which of the following is an example of the type of discrimination based on discretionary decisions that is difficult to prove? a. The majority of upper-level managers at a corporation are white males. b. A college uses quotas in an affirmative action program to increase diversity.—Consider This: Quotas were ruled unconstitutional in the Bakke case. c. An employee handbook states that women cannot hold jobs in the company that involve lifting more than 50 pounds. d. A police department's policy states that pregnant officers must be confined to a desk, rather than serving in the field.

a. The majority of upper-level managers at a corporation are white males.

The Fifteenth Amendment guarantees citizens the right to vote regardless of __________. a. race b. gender—Consider This: The Fifteenth Amendment was ratified following the Civil War. c. property ownership d. involvement in insurrection

a. race

Under the Court's review standards, a law that classifies people according to __________ will be given strict scrutiny by the Supreme Court to determine its constitutionality. a. race b. age c. disability d. gender—Consider This: Gender is not a suspect class.

a. race

In Regents of the University of California v. Bakke (1978), the Supreme Court determined that __________ were unconstitutional. a. racial quotas b. grandfather clauses c. all forms of affirmative action—Consider This: The issue that the Court had was with the application of the affirmative action plan, not affirmative action plans in general. d. Jim Crow laws

a. racial quotas

The National Association for the Advancement of Colored People (NAACP) is most likely to fight to reduce which of the following? a. racism b. affirmative action—Consider This: Affirmative action programs seek to redress the effects of long-term institutional discrimination. c. sexism d. sodomy

a. racism

Which of the following accurately describes equality of opportunity? a. A conception of equality that values equal economic status as well as equal access to housing, health care, education, and government services. b. A conception of equality that seeks to provide all citizens with formally equivalent opportunities to participate in the economic system and public life. c. It means all citizens have opportunities to vote, run for office, own property, and enjoy civil liberties protections. d. Equality of opportunity is more important than equality of results. Consider This: This is a value judgment not a description of equality of opportunity.

b. A conception of equality that seeks to provide all citizens with formally equivalent opportunities to participate in the economic system and public life.

Which of the following arguments would most likely be made by an opponent of affirmative action policies? a. Discrimination is a natural part of the human experience.—Consider This: Discrimination is not natural but rather the product of a deliberate choice. b. Affirmative action discriminates on the basis of race. c. Diversity helps Americans better understand each other. d. Unaddressed past discrimination causes perpetual inequality.

b. Affirmative action discriminates on the basis of race.

__________ founded the National Farm Workers Association, led protest marches, organized a national boycott of grapes, and went on hunger strikes to try to improve the pay and working conditions of farm workers. a. Malcom X b. César Chávez c. Harvey Milk—Consider This: Harvey Milk was the first openly gay man elected to public office in the United States. d. Sandra Day O'Conner

b. César Chávez

Which of the following helped to mobilize Americans in the 1950s to fight discrimination against African Americans? a. the Equal Employment Opportunity Commission b. Emmett Till's murder c. César Chávez's hunger strike d. passage of the DREAM Act—Consider This: The DREAM Act deals with questions surrounding immigration.

b. Emmett Till's murder

What was the basis for the Supreme Court's decision in Plessy v. Ferguson (1896) that upheld the constitutionality of a state law requiring segregated railroad facilities? a. Former slaves are not entitled to full citizenship rights because they did not immigrate to the United States willingly. b. The Constitution requires states to treat people equally, not that states must place different people together. c. Railroad transportation involves interstate commerce, which is regulated by Congress; no provision in federal law prohibits segregation. —Consider This: It is in part because of the interstate commerce clause that the federal government can enforce civil rights laws. d. Each state has the right to interpret the Constitution as it sees fit, as long as the interpretation is "reasonable and without malice."

b. The Constitution requires states to treat people equally, not that states must place different people together.

What was the Supreme Court's rationale in Bradwell v. Illinois (1873) for upholding an Illinois statute that prohibited women from becoming licensed attorneys in that state? a. Women are not rational and, therefore, are not fit for many public occupations.—Consider This: While many men may have believe this this was not the decision of the Court in this case. b. The timid and delicate nature of women makes them unfit for many public occupations. c. The nature of the attorney-client relationship would put women, who are less able than men to resist pressure, into a vulnerable position. d. Women are too emotional to be fit for many public occupations.

b. The timid and delicate nature of women makes them unfit for many public occupations.

Which of the following would constitute an affirmative action policy designed to help the members of a particular group overcome discrimination? a. a hiring policy that favors those with relatives working in government b. a college admissions policy that gives preferential treatment to members of the group c. a color-blind job application process to give members of this group an equal chance—Consider This: Affirmative action programs are allowed to consider race as long as it is not the sole criteria under consideration. d. a policy that gives extra weight to votes cast by members of the group

b. a college admissions policy that gives preferential treatment to members of the group

Why did Congress pass the Voting Rights Act of 1965? a. in order to facilitate the prosecution of those who had restricted the voting rights of African Americans—Consider This: Southern states had enacted a wide range of laws, such as the white primary, that impeded African Americans' ability to vote. b. because it was clear that some states had no intention of living up to the spirit of the Fifteenth Amendment c. because Congress was afraid Martin Luther King Jr. would lead a boycott of white businesses if the legislation was not passed d. to prevent the race riots from spreading from African American neighborhoods into traditionally white neighborhoods

b. because it was clear that some states had no intention of living up to the spirit of the Fifteenth Amendment

Which of the following strategies for expanding civil rights would Martin Luther King Jr. have been most likely to support? a. sabotaging the electricity supply to the homes of segregationist leaders b. boycotting stores that enforced segregationist policies c. boycotting elections to underscore the problem of African American disenfranchisement—Consider This: King believed heavily in non-violent direct action. d. vandalizing government buildings that housed segregationist politicians

b. boycotting stores that enforced segregationist policies

When did women win the guaranteed right to vote? a. when the Constitution was adopted b. decades after black males won the right to vote c. immediately after the Civil War—Consider This: Women lost the fight to have women's voting rights included in the language of the Fifteenth Amendment. d. at the same time that black males won the right to vote

b. decades after black males won the right to vote

Which of the following is banned by the Civil Rights Act of 1964? a. poll taxes and grandfather clauses—Consider This: Barriers to voting were addressed in the 1965 Voting Rights Act. b. discrimination in public accommodations c. integration in public transportation d. nonviolent direct action

b. discrimination in public accommodations

What pathway did César Chávez rely on most heavily in his quest for Latino civil rights? a. litigation—Consider This: Litigation was the pathway that African Americans relied on in the era of segregation. b. grassroots mobilization c. elections d. party formation

b. grassroots mobilization

For which of the following would the Supreme Court most likely apply an intermediate scrutiny test to determine whether the policy is an unconstitutional violation of the equal protection clause? a. preventing whites from attending schools designed to serve African American students b. having different minimum ages for men and women to marry c. prohibiting gays and lesbians from serving in the military—Consider This: Discrimination against the LGBT community falls under the minimum rationality standard. d. requiring government contractors to have a racially diverse workforce

b. having different minimum ages for men and women to marry

Which of the following accommodations would an employer most likely have to make to be in compliance with the Americans with Disabilities Act? a. hiring a disabled person instead of an equally qualified person without a disability—Consider This: Disabilities are not covered under affirmative action programs. b. providing better medical insurance for employees who have a disability c. lowering expectations for the quality of work performed by employees with disabilities d. installing a ramp and other physical accommodations for someone who uses a wheelchair

b. providing better medical insurance for employees who have a disability

After the decision in Regents of the University of California v. Bakke, an affirmative action program that uses racial __________ would likely be deemed unconstitutional. a. strict scrutiny -Consider This: This is a standard of review for equal protection claims. b. quotas c. intermediate scrutiny d. Jim Crow laws

b. quotas

What did Jim Crow laws mandate? a. voting rights—Consider This: The Southern states worked very hard to follow the letter of the law but undermine the spirit of equal protection. b. racial segregation c. poll taxes d. black codes

b. racial segregation

Jim Crow laws required __________ of African Americans and whites.

b. segregation

Women were guaranteed the right to vote by __________. a. Minor v. Virginia b. the Nineteenth Amendment c. the 1965 Voting Rights Act d. the Fifteenth Amendment—Consider This: This amendment awarded voting rights to African American Men.

b. the Nineteenth Amendment

What provision of the Fourteenth Amendment serves as a cornerstone of our understanding of civil rights? a. the all men are created equal clause b. the equal protection clause c. the privileges and immunities clause d. the Equal Rights Amendment—Consider This: The Equal Rights Amendment failed to achieve the requisite number states needed for ratification.

b. the equal protection clause

Activists such as Elizabeth Cady Stanton and Susan B. Anthony pressed for which of the following? a. the prohibition of alcohol—Consider This: Many women gained political skills in the American Temperance movement. b. women's rights c. rights for former slaves d. ending the Civil War

b. women's rights

In 1964, Congress passed the __________ to help keep the promise of the Fourteenth Amendment. a. Equal Protection Act b. Affirmative Action c. Civil Rights Act d. Voting Rights Act—Consider This: The Voting Rights Act was passed in 1965 and aimed at removing barriers to voting for African Americans.

c. Civil Rights Act

How do the rational basis test and the intermediate scrutiny test differ? a. The rational basis standard applies only to racial classifications; the intermediate standard applies to gender and sexual orientation classifications.—Consider This: Race is a suspect class. b. The intermediate standard of review is applied to a broader array of classifications than the rational basis standard. c. It is easier for the government to demonstrate a rational basis for a law than to meet the requirements of the intermediate standard. d. Those who dislike a law will have an easier time getting it overturned if the Supreme Court applies the intermediate standard instead of the rational basis test.

c. It is easier for the government to demonstrate a rational basis for a law than to meet the requirements of the intermediate standard.

Which of the following accurately describes political equality? a. A conception of equality that values equal economic status as well as equal access to housing, health care, education, and government services. b. A conception of equality that seeks to provide all citizens with opportunities to participate in the economic system and public life.—Consider This: Being able to participate in the economic system does not mean that all citizens would equal results from it. c. It means all citizens have opportunities to vote, run for office, own property, and enjoy civil liberties protections. d. It exists when public policies and legal protections provide equal opportunity, fair and open political participation, and equal treatment under the law.

c. It means all citizens have opportunities to vote, run for office, own property, and enjoy civil liberties protections.

When one person has opportunities, such as receiving a job referral from a well-connected family member or inheritance money with which to start a business, while another does not, a __________ exists between those two people. a. de facto segregation b. equity c. disparity d. discrimination—Consider This: Discrimination involves a deliberate action of some sort.

c. disparity

The Supreme Court's decision in Romer v. Evans (1996) primarily enhanced the civil liberties of __________. a. African Americans b. American Indians—Consider This: Native Americans have had a very difficult time having their civil rights recognized. c. gays and lesbians d. disabled Americans

c. gays and lesbians

Which of the following situations would be an example of equality of condition? a. laws mandating election jurisdictions with a large bilingual community must provide bilingual ballots b. colleges that spend an equal amount on men's and women's sports programs—Consider This: This provision from Title IX has produced equality of results. c. government-financed opportunities for students to attend universities d. employers who use affirmative action in determining promotions

c. government-financed opportunities for students to attend universities

When was the Thirteenth Amendment passed? a. when the South seceded from the Union b. during the Civil War—Consider This: Lincoln's Emancipation Proclamation did not ban slavery; it merely freed the slaves in the states under resistance. c. immediately after the Civil War d. during the civil rights movement

c. immediately after the Civil War

What did the Supreme Court determine was unconstitutional in Brown v. Board of Education? a. integrated public schools b. poll taxes c. segregation of public schools d. public school busing—Consider This: The question of busing to achieve integration did not appear until the 1970s.

c. segregation of public schools

The constitutionality of a law establishing a public elementary school open only to African American students from poor neighborhoods would be determined by the Supreme Court's application of the __________ standard of review. a. rational basis b. affirmative action -Consider This: Race is a suspect classification. c. strict scrutiny d. intermediate scrutiny

c. strict scrutiny

Which of the following had the greatest impact on public sentiment about racial discrimination, facilitating the passage of the Civil Rights Act of 1964? a. the Voting Rights Act b. the Equal Rights Amendment—Consider This: The Equal Rights Amendment was about women's equality. c. the "I Have a Dream" Speech d. the formation of the NAACP

c. the "I Have a Dream" Speech

If you thought you were getting an inferior public education because of your ethnicity, which part of the Constitution would you rely on most heavily to justify your case? a. the First Amendment b. the Thirteenth Amendment—Consider This: The Thirteenth Amendment ended slavery in the United States. c. the Fourteenth Amendment d. the Nineteenth Amendment

c. the Fourteenth Amendment

What was Reconstruction? a. the struggle for newly freed slaves to gain the right to vote, especially in the South b. the refusal of Southern states to abide by the Fourteenth Amendment until forced to do so by the Supreme Court c. the period after the Civil War when the South was occupied by the federal government d. the period between the passage of the Fourteenth Amendment and the enactment of the Civil Rights Act of 1964—Consider This: A major mistake by President Andrew Johnson was to let Southern states determine the rules of reconstruction.

c. the period after the Civil War when the South was occupied by the federal government

Which of the following statements is an accurate description of the universal suffrage movement? a. It began shortly after the Civil War when President Andrew Johnson permitted whites to determine how the South would reconstruct itself, and in response southern governments created laws to maintain white power, including laws to keep blacks from voting. b. It began in the 1950s with grassroots mobilization involving powerful speeches, nonviolent methods of protest, and boycotts to draw attention to the lack of civil rights among people due to the lack of universal suffrage.—Consider This: Women earned the right to vote after African American men but before the civil rights movement. c. Beginning in the early twentieth century, groups like the NAACP began advocating for universal suffrage through litigation in the courts. d. Beginning in the nineteenth century, activists lobbied legislators, gave public speeches, organized protest marches and demonstrations, endured arrest and jail, and went on hunger strikes to draw attention to the need for it.

d. Beginning in the nineteenth century, activists lobbied legislators, gave public speeches, organized protest marches and demonstrations, endured arrest and jail, and went on hunger strikes to draw attention to the need for it.

How might the Supreme Court decisions in Plessy v. Ferguson (1896), involving segregated railroad facilities, and in Bradwell v. Illinois (1873), involving the admission of women to the law profession, be seen as similar in retrospect? a. Both decisions might be viewed as fairly unimportant in the history of civil rights. b. Both decisions might be viewed as positive turning points in the history of American jurisprudence.—Consider This: While both decision are historically bounded, in practical terms neither of the outcomes could be considered good. c. Both decisions might be viewed as hindering the civil rights of racial or ethnic majorities. d. Both decisions might be viewed as missed opportunities for the Supreme Court to protect civil rights.

d. Both decisions might be viewed as missed opportunities for the Supreme Court to protect civil rights.

Which Chief Justice led the Supreme Court in Brown v. Board of Education and took a leading role in many other decisions expanding civil liberties and promoting civil rights? a. Sandra Day O'Connor b. Joseph P. Bradley c. John Marshall Harlan—Consider This: Justice Harlan was the lone dissenter in the case establishing the separate-but-equal doctrine. d. Earl Warren

d. Earl Warren

Which of the following laws would be the most likely to draw strict scrutiny from the Supreme Court when determining its constitutionality? a. Male and female student athletes cannot compete on the same basketball team at the university level.—Consider This: Questions of sex-based discrimination are considered under the intermediate scrutiny standard. b. Businesses cannot discriminate against gays and lesbians in hiring and promotion decisions. c. Those without a college degree are not eligible for upper-level civil service jobs. d. Government contracts must be awarded to a contractor who is a racial minority whenever at least 10 percent of the bidders are minority-owned businesses.

d. Government contracts must be awarded to a contractor who is a racial minority whenever at least 10 percent of the bidders are minority-owned businesses.

Critics argue that the Supreme Court's decision in Arizona v. United States did not go far enough to stop infringement on the civil rights of __________. a. all minority groups—Consider This: The Arizona law required that people carry immigration documentation. b. African Americans c. women d. Latinos

d. Latinos

Which of the following Southern states has the largest current racial gap in voter registration? a. Alabama—Consider This: The state also so riots occur over attempts to register James Meredith as the first African American to attend a state university. b. Georgia c. Louisiana d. Mississippi

d. Mississippi

How are the Fourteenth Amendment and the Civil Rights Act of 1964 similar? a. They both were enacted quickly and easily.—Consider This: Both were long-hard fought political battles. b. They both passed the strict scrutiny test administered by the Supreme Court. c. They were both based on Congress's power to regulate interstate commerce. d. They both sought equal rights for African Americans.

d. They both sought equal rights for African Americans.

The Fourteenth Amendment attempted to guarantee which of the following to former slaves? a. forty acres of farmland and a mule b. free university education c. economic equality with whites—Consider This: The Fourteenth Amendment guarantees equal protection of the laws but not economic equality. d. citizenship rights

d. citizenship rights

The civil rights movement pushed for racial equality. When did this movement take place? a. immediately after the Civil War—Consider This: This leaders of this movement included Martin Luther King Jr. b. during Reconstruction c. during the early 1900s d. during the 1950s and 1960s

d. during the 1950s and 1960s

Which of the following characteristics of an affirmative action program for public university admissions would pass constitutional muster? a. award specific points for being a minority b. follow quotas based on the general population of the state -Consider This: Quotas were ruled unconstitutional in the Bakke case. c. put primary focus on race and income in making decisions d. look at race along with other variables in a holistic fashion

d. look at race along with other variables in a holistic fashion

Rosa Parks's refusal to give up her seat on a public bus was an act of __________ that led to the Montgomery Bus Boycott. a. supporting Jim Crow laws b. civil rights violation c. individual boycott—Consider This: Parks was one actor in a much broader social movement. d. nonviolent protest

d. nonviolent protest

Which of the following affirmative action programs would be a clear violation of the Supreme Court's decision in Regents of the University of California v. Bakke (1978)? a. considering race as a factor in university admissions decisions b. considering how an applicant would contribute to the diversity of the university—Consider This: This was an issue in the cases surrounding the affirmative action programs at the University of Michigan. c. considering applicants' academic and extracurricular achievements d. setting aside a certain percentage of admissions slots as a quota for African American students

d. setting aside a certain percentage of admissions slots as a quota for African American students

The __________ Amendment guarantees African Americans the right to vote. a. the First Amendment b. the Thirteenth Amendment—Consider This: This Amendment freed the slaves. c. the Fourteenth Amendment d. the Fifteenth Amendment

d. the Fifteenth Amendment

What was the objective of the women's suffrage movement? a. the right to an abortion b. the right to own property c. equal pay for equal worth—Consider This: This was part of a much broader movement for women's equality. d. the right to vote

d. the right to vote

Which of the following policies would most likely be adopted in a country favoring equality of condition over equality of opportunity? a. a free enterprise economic system—Consider This: Capitalism does not ensure equal outcomes for all members of society. b. magnet schools c. minimal business regulations d. universal healthcare

d. universal healthcare