CH 5 Study Guide

How does equality threaten liberty?

principle of equality can invite the denial of minority rights whereas the principle of liberty condemns such action

Explain the Supreme Court's three standards for classifications under the equal protection clause and give an example of each.

-inherently suspect (difficult to meet)-race & ethnicity -intermediate scrutiny (moderately difficult to meet) -gender reasonableness (easy to meet) -other like age, wealth, etc

Compare and contrast the significance of the Supreme Court cases of Scott v. Sandford (1857)

1857 Supreme court decision ruling that a slave who had escaped to a free state enjoyed no rights as a citizen and that Congress had no authority to ban slavery in the territories

What are the main provisions of the Rehabilitation Act of 1973 and Americans with Disabilities Act of 1990?

973-added people with disabilities to list of Americans protected from discrimination; bc law defines an inaccessible environment as a form of discrimination, wheel chair ramps, grab bars on toilets, & braille signs have become common features 1990-a law passed that requires employers and public facilities to make "reasonable accommodations" for people with disabilities & prohibits discrimination against the individuals in employment

What was the Equal Rights Amendment?

A constitutional amendment originally introduced in Congress in 1923 and passed by Congress in 1972, stating that "equality of rights under the law shall not be denied or abridged by the US or by any state on account of sex." Despite public support, the amendment fell short of the 3/4 of state legislatures required for passage. Therefore this amendment failed, and was not passed.

Define the term "affirmative action."

A policy designed to give special attention to or compensatory treatment for members of some previously disadvantaged group

Brown v. Board of Education (1954)

An 1896 supreme court decision that provided a constitutional justification for segregation by ruling that a Louisiana law requiring "equal but separate accommodations for the white and colored races" was constitutional

Plessy v. Ferguson (1896

An 1896 supreme court decision that provided a constitutional justification for segregation by ruling that a Louisiana law requiring "equal but separate accommodations for the white and colored races" was constitutional

Explain the significance of each of the following for Native Americans.

Dawes Act of 1887: act that dismantled American Indian tribes, set up individuals as family heads with 160 acres, tried to make rugged individualists out of the Indians. Santa Clara Pueblo v. Martinez (1978): strengthened tribal power of the individual tribe members and furthered self government by Indian tribes. American Indian Movement: demanded greater rights for Native Americans and preservation of their traditions Native American Rights Fund: won important victories regarding hunting, fishing, and land rights.

In what ways are the elderly discriminated against in American society?

Employers refuse to hire over certain age, retirement used to be compulsar, Graduate and professional schools reject applications.

How has Congress attempted to end gender discrimination in the area of employment?

Equal pay act of 1963- illegal to pay different wages to men and women if they perform equal work in the workplace; also cannot retaliate against a person bc person complained about discrimination Civil Rights Act of 1964- banned gender discrimination in employment The pregnancy discrimination act of 1978- illegal for employers to exclude pregnancy/childbirth from their sick leave and health benefit plans Civil Rights and Women's Equity in Employment Act of 1991- designed to guard against discrimination in the workplace. It would allow victims of intentional employment discrimination to receive monetary awards, reduce the burden of proof on workers who believe they'll be discriminated against, clarifying rules for determining when job practices are discriminatory, outlaw job quotas, and establish a cap for punitive damages.

Why might gays and lesbians face the toughest battle for equality?

Homophobia- fear and hatred of homosexuals; several causes such as religion; such attitudes continue to characterize a large segment of the American public despite changes over the past few years

What is the only mention of the idea of equality in the Constitution?

In the 14th amendment which forbids the state from denying anyone "equal protection of the laws"

How do civil rights laws increase the scope and power of government?

Laws regulate the behaviors of individuals and in situations

In what two ways are women legally treated differently in the military?

Male-only draft registration required once 18 (women are not permitted to serve in most intense and physically hazardous combat positions in the military)

List four other minority groups that have faced discrimination similar to that experienced by African Americans.

Native Americans Hispanic Americans Asian Americans Arab Americans & Muslims

List three cases in which the Supreme Court seems to support affirmative action and four cases in which it seems to oppose affirmative action.

Race - invalid and uphold them only if they serve a "compelling public interest" and there is no other way to accomplish the purpose of the law Gender - difficult to interpret gender. Must bear a substantial relationship to an important legislative purpose Most classifications to bear a rational relationship to some legitimate govt. purpose are constitutional - can restrict the right to vote to people over the age of 18

What are the three key types of inequality in America?

Racial discrimination, gender discrimination, discrimination based on age, disability, orientation, and other factors.

List and explain the significance of four Supreme Court cases dealing with sex-based discrimination.

Reed v Reed-the landmark case in 1971 in which the supreme court for the first time upheld a claim of gender discrimination; also first time the court declared any law on the basis of gender discrimination unconstitutional Craig v Boren- the 1976 ruling in which the supreme court established the "intermediate scrutiny" standard for determining gender discrimination Dothard v Rawlinson- 1977; voided laws and rules barring women from jobs through arbitrary height & weight requirements Harris v Forklift Systems- 1993; in title VII (federal law that prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion) workplace-harassment suits need not prove psychological injury

Explain the importance of Hernandez v. Texas (1954).

The Court decided that Mexican Americans and all other racial and national groups in the United States had equal protection under the 14th Amendment to the U.S. Constitution.

What is meant by "comparable worth"?

The issue raised when women who hold traditionally female jobs are paid less than men for working at jobs requiring comparable skill (secretary vs clerk)

How has the Supreme Court dealt with the issue of sexual harassment?

They have made rules, regulations, and laws pertaining to gender discrimination which also pertain to sexual harassment

What is the difference between de jure segregation and de facto segregation?

de jure- segregation by law de facto- segregation by social standings, etc.; not by law

Explain the two major conceptions of equality.

equal opportunity-in which everyone has the same chance of obtaining good jobs, for example equal results- in which different groups have the same percentage of success in obtaining those jobs

What was the impact of the Voting Rights Act of 1965?

hundreds and thousands of African Americans registered to vote in Southern states; By early 1980's more than 2500 African Americans held elected offices in southern states opposed to only 70 African Americans in 1965

Explain the policy of "protectionism."

laws protected working women from the burdens of overtime work, long hours on the job, and heavy lifting. Laws also protected male workers from female competition. Laws concentrated on limiting women's work opportunities outside the home so they could concentrate on their duties within it.

List and explain four ways in which the southern states denied African Americans the right to vote.

literacy test- requirement to read, write, and show that they understood state and/or US Constitution; rarely administered to whites while standard of literacy required for blacks was so high grandfather clause- exempted persons whose grandfathers were eligible to vote in 1860 from taking these tests (allowing illiterate whites) poll taxes- small taxes levied on the right to vote that often fell due at a time of year when poor sharecroppers had the least cash on hand white primary- a device that permitted political parties to exclude African Americans from voting in primary elections

List the six major provisions of the Civil Rights Act of 1964.

made racial discrimination illegal in places of public accommodation forbade discrimination in employment created the EEOC (equal employment opportunity commission) to monitor and enforce protections against job discrimination provided for withholding federal grants from sate and local governments and other institutions that practiced racial discrimination strengthened voting rights legislation authorized the US justice department to initiate lawsuits to desegregate public schools & facilities