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AP Government Chapter 5
Terms in this set (27)
What are the three key types of inequality in America?
-discrimination based on age, disability, sexual orientation, etc.
Explain the two major conceptions of equality
1) equal opportunity-in which everyone has the same chance of obtaining good jobs, for example
2) equal results- in which different groups have the same percentage of success in obtaining those jobs
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"
Explain the supreme court's three standards for classification under the equal protection clause and give an example of each
1) inherently suspect (difficult to meet)-race & ethnicity
2) intermediate scrutiny (moderately difficult to meet) -gender
3) reasonableness (easy to meet) -other like age, wealth, etc.
During the slavery era what was the major policy focus, major court cases, and any new acts of Congress or constitutional amendments passed?
Beginning of colonization until the end of the civil war; 1600s-1865
policy focus- any public policy of the slave states or the federal government had to accommodate the property interests of slave owners
Court cases- Dread Scott v Sanford
Act/Amendments- 13th (abolishing slavery)
During the reconstruction and desegregation era what was the major policy focus, major court cases, and any new acts of Congress or constitutional amendments passed?
End of Civil war until 1954
policy focus- After the civil war ended, Congress imposed strict conditions on the former confederate states before they could be readmitted to the union
court cases- Plessy v Ferguson
Act/amendments- Jim Crow Laws (enacted by southern whites in the late 19th century to segregate African Americans from whites), 14th amendment (granted equal protection under law to all citizens), 15th amendment (gave African Americans right to vote), grandfather clause (exempted persons whose grandfathers were eligible to vote in 1860 from taking literacy tests) was ruled uncostitutional
During the Civil Rights era what was the major policy focus, major court cases, and any new acts of Congress or constitutional amendments passed?
policy focus- current civil right policies conform to the 18th century idea of limited government
Court cases- Brown v Board of education, Swann v. Charlotte-Mecklenberg County Schools
Act/amendments-Civil Rights Act of 1964 (made racial discrimination illegal in public accommodations), Voting Right Act of 1965 (law designed to help end formal and informal barriers to African Americans suffrage)
Dred Scott v Sanford
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
Plessy v Ferguson
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
Brown v Board of Education
The 1954 supreme court decision holding that school segregation is inherently unconstitutional because it violates the fourteenth amendment's guarantee of equal protection. This case marked the end of legal segregation in the United States
De jure segregation versus de facto segregation
de jure- segregation by law
de facto- segregation by social standings, etc.; not by law
Six major provisions of the Civil Rights Act of 1964
1) made racial discrimination illegal in places of public accommodation
2) forbade discrimination in employment
3) created the EEOC (equal employment opportunity commission) to monitor and enforce protections against job discrimination
4) provided for withholding federal grants from sate and local governments and other institutions that practiced racial discrimination
5) strengthened voting rights legislation
6) authorized the US justice department to initiate lawsuits to desegregate public schools & facilities
List and explain four ways in which the southern states denied African Americans the right to vote
1)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
2) grandfather clause- exempted persons whose grandfathers were eligible to vote in 1860 from taking these tests (allowing illiterate whites)
3) 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
4) white primary- a device that permitted political parties to exclude African Americans from voting in primary elections
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
Four other minority groups that have faced discrimination similar to that experience by African Americans
-Arab Americans & Muslims
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.
Equal Right 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.
Significance of four supreme court cases dealing with sex-based discrimination
1) 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
2)Craig v Boren- the 1976 ruling in which the supreme court established the "intermediate scrutiny" standard for determining gender discrimination
3) Dothard v Rawlinson- 1977; voided laws and rules barring women from jobs through arbitrary height & weight requirements
4) 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
How has Congress attempted to end sex discrimination in the area of employment?
1) Equal pay act of 1963- illegal to pay different wages to men and women if they perform equal work in the work place; also cannot retaliate against a person bc person complained about discrimination
2) Civil Rights Act of 1964- banned gender discrimination in employment
3) The pregnancy discrimination act of 1978- illegal for employers to exclude pregnancy/childbirth from their sick leave and health benefit plans
4) Civil Rights and Women's Equity in Employment Act of 1991- designed to guard against discrimination in the work place. 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.
the issue raised when women who hold traditionally female jobs are paid les than men for working at jobs requiring comparable skill (secretary vs clerk)
In what way 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)
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 are the main provisions of the Rehabilitation Act of 1973 and Americans with Disabilities Act of 1990?
1973-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
Why might gay 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
a policy designed to give special attention to or compensatory treatment for members of some previously disadvantaged group
How does equality threaten liberty?
Equality favors majority rule and majority can limit individual minority rights. Equality can also be used by politically and socially powerful minorities to suppress majority and minority
How do civil rights laws increase the scope and power of government?
regulate behavior of individuals and institutions
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