Political Science || Chapter 5
The Defense of Marriage Act of 1996
- bans federal recognition of lesbian and gay couples. requires states to recognize same-sex marriages performed in other states requires states to offer civil unions to same-sex couples. requires the federal government to recognize same-sex marriages performed in states where they are legal.
Explain the basis of affirmative action and the manner in which it has been addressed by the Supreme Court
Affirmative Action is a policy in educational admissions or job hiring that gives special attention to equal treatment to disadvantaged groups. Their means was an effort to present effects of past discrimination. These were meant to follow the equal protection clause of the Fourteenth Amendment. The Supreme Court wanted to establish the right to equal opportunity in employment.
The defenders of the Jim Crow laws held that since the laws supported only
African Americans are not U.S. citizens schools are not allowed to segregate on the basis of race the Fourteenth Amendment enforced social equality - social segregation, they did not violate the Constitution.
In complete sentences and in your own words explain what rights immigrants have (address both legal and illegal noncitizens.) How have these rights changed in recent decades?
Both legal and illegal immigrants have the right to due process of law. However, most immigrants are subject to deportation unless the government proves that deportation is not valid for an illegal immigrant. However, all immigrants do have the right to due process of law. Both legal and illegal immigrants have the right to freedom of speech; however, illegal immigrants do not have the right to vote. I don't think these laws have changed much, I think as a whole we are becoming more accepting of illegal immigrants and want to help them gain citizenship instead of sending them back to their old country. They have come to America for a better life- so we are called to help them instead of turn them away.
In complete sentences and in your own words, define Civil Rights and then provide 3 examples.
Civil rights is the rights of all Americans to equal protection under the law. It is given to us by the Fourteenth Amendment to the Constitution. Civil rights specify what the government must do to ensure equal protection and freedom from discrimination. Three examples of civil rights are ending servitude (slavery), where they gave African American's full equality before the law instead of having them be considered 'three-fifths' or not actually a person. The woman's movement gave was a movement that wanted to give women the same rights as men. To give them equal protection and freedom from discrimination. Lastly, the LGBT movement to gain equal rights for gay men and lesbian women- free from discrimination. The government is now called to ensure equal protection and freedom from discrimination for all of these groups because of civil rights.
Which of the following best describes President Obama's original stand on gay men and lesbians in the military?
He stood against gays and lesbians in the military He supported the Defense of Marriage Act. - He promised to repeal the "don't ask, don't tell" policy He advocated not questioning gay and lesbian recruits about their sexual orientation
Which of the following did NOT happen after, or as a result of, the Civil Rights Cases of 1883?
Official state actions that violated people's civil rights was considered illegal - African Americans earned equality with whites Whites largely approved of the decisions made by the Supreme Court. Private civil-rights violations by individual citizens were not illegal.
Explain the goals of the Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Civil Rights Act of 1968. Have these goals been realized?
The goals of the Civil Rights Act of 1964 were to prevent discrimination in voting registration, hotels, public places, restaurants, public schools, and employment. It had goals to expand power of the Civil Rights Commission and to withhold federal funds to public programs that were discriminating. The goals of the Voting Rights Act of 1965 were to get rid of the discriminatory voter-registration tests and to get rid of electoral discrimination. The goals of the Civil Rights Act of 1968 were to ban discrimination in housing and gave penalties for those interfering with individual civil rights. These goals have been realized. We still may have a little social segregation between people groups; however public places are not segregated, everyone can vote, everyone has job opportunities, and everyone has the right to a public education.
How have courts and legislative bodies at both the federal and state level attempted to address issues concerning the rights and status of homosexuals?
Using the Rational Basis Review, there have been laws assessed for the rights and status of homosexuals in our country. However, during the time this book was written- and the present- the courts have used rational basis review to strike down laws that discriminate against homosexuals. They want to increase the civil rights of these people and end discrimination towards them.
In your own words and in complete sentences explain each of the following: White Primaries Poll Tax Literacy Tests De Facto Segregation De Jure Segregation
White Primaries- State primary elections that allowed voting to only white people. This was outlawed in 1944 by the Supreme Court. Poll Tax- Special taxes that were paid as a qualification to vote. It was eventually in 1966 declared unconstitutional and outlawed in state and national elections. Literacy Test- Test administered to African American's as a precondition to prevent them from exercising their right to vote. De Facto Segregation- Racial segregation that can occur because of patterns of racial residence and social conditions. De Jure Segregation- Racial segregation occurring because of laws or administrative decisions made by public agencies.
In what ways have women been discriminated against in the workplace? What court rulings or legislation have tried to address this discrimination?
Women have been discriminated against in the workplace in the means of pay and employment opportunities. Court rulings like Title VII prohibit gender discrimination in the workplace- however, right now this law still does not include discrimination based on pregnancy. The Equal Pay Act also requires employers to provide equal pay for substantially equal work; however, women are still not being paid equally as men. In 2009, the Lilly Ledbetter Fair Pay Act was signed by Obama to permit women to sue if they are being discriminated against in pay or employment opportunities in the workplace.
In your own words and in complete sentences explain the importance of each of the following: 13th Amendment 14th Amendment 15th Amendment Smith v. Allwright
Your answer 13th Amendment- The 13th Amendment was important because it abolished slavery. 14th Amendment-The 14th Amendment granted citizenship to all people born or naturalized in America. It also was important because it declared that states could not deny a person right's to life, liberty, or property without any due process of law. States also were not allowed anymore to make any law that would abridge the privileges or immunities of citizens of our country. 15th Amendment- It was important because it gave African American men the right to vote no matter if they were previously a slave. Smith v. Allwright- It was important for voting rights and, racial desegregation. It overturned the Texas state law that authorized the Democratic Party to set its internal rules, including the use of white primaries
In Brown v. Board of Education of Topeka (1954), the U.S. Supreme Court
declared that minorities have no rights to equal treatment. - ruled that segregation of races in the public schools is unconstitutional. prohibited the national government from taking action against local school boards allowed that segregation for educational purposes is constitutional
The Supreme Court's ruling in the Civil Rights Cases of 1883 meant that
discriminatory official actions taken by the states were not illegal. - discriminatory acts of private citizens were not illegal. interfering with a citizen's right to vote was now a federal offense it was only illegal to discriminate against minors.
A nonviolent, public refusal to obey allegedly unjust laws is called
pacifism - civil disobedience. criminal disobedience. defensible criminality
U.S. laws that required separate drinking fountains, separate seats in theaters, and separate waiting rooms for the two races were known as
personal liberty laws - "Jim Crow" laws anti-civil-rights laws. civil rights laws
All of the following regarding women's rights is false EXCEPT
women first started agitating for equal rights in 1970 women's rights are listed in the Constitution. - women have had to struggle for equality just like African Americans and other minorities women started struggling first for anti-sexual-harassment laws