Term
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Definition
| 1886. The law concerning laundry businesses was considered to be unconstitutional not because of intent, but because it affected only Chinese applicants. |
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Definition
| 1880. Court ruled that Juries be integrated to allow for the possibility of a juror of color. |
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Term
| How does Traditional/ Intentional/ Explicit use of race affect minorities? |
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Definition
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Term
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Definition
| 1896. "Separate" is equal under the 14th Amendment's equal protection clause. |
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Term
| "Separate but Equal" falls under what amendment? |
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Definition
| The 14th Amendment's equal protection clause. |
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Definition
| 1950. Higher Education facilities, though "separate" must truly be "equal." HOWEVER, separate but equal is not overturned. |
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| Brown v Board of Education |
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Definition
| 1954. "Separate but Equal" is found unconstitutional under the 14th Amendment. |
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Definition
| 1954. Separate But Equal unconstitutional at the Federal Level under 5th Amendment. Basically the 14th Amendment applied only to states, and this applies to federal as well. |
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Term
| What kind of racism is required to institute bussing? |
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Definition
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Term
| Swan v Charlotte Mecklenburg |
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Definition
| 1971. Busing could be upheld if: 1/ There is a one-race school with a history of racial segregation and 2/ school districts fail to show that their current racial makeup is the result of change, residential patterns. De facto is not enough. |
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Term
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Definition
| 1974. De Facto school districts cannot be used in busing type remedies. Basically, if it can be shown that these schools had not participated in segregation in the past, then they could not implement it. |
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Term
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Definition
| 1971. Disparate Impact is OK under Title V11 and 14th Amendment. A job skills test must be "reasonably" related to the job. Most measure the person for the job - not the person. |
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Term
| Disparate Impact is OK under which Title and which Amendment? |
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Definition
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Term
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Definition
| 1976. Disparate Impact alone is not enough to prove intentional discrimination at the federal level. Black Americans were found to have failed the test 4X as much as white. |
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Term
| Disparate Impact by itself, without other intent is: |
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Definition
| Not enough to show discrimiatory intent. |
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Term
| Griggs law applies to ______ action, but not _______ action. |
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Definition
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Term
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Definition
| 1989. Disparate Impact is Unconstitutioinal at the State level under Title VII and violates the 14th amendment's due process clause. A mere racial imbalance without proof of intent is not illegal. |
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Term
| Regents of U. of California v Bakke |
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Definition
| 1978. Race can be used as one of many factors, but not the only one. The quota progam is uncostitutional and equal protection is violated. The court can't agree on the scrutiny level. |
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Term
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Definition
| 1990. Race based "asides" are subject to Strict Scrutiny at the state level. |
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Term
| Race based programs at the state level are subject to: |
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Definition
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Term
| Is there an equal protection clause in the 5th Amendment? |
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Definition
| No, but there is due process which has equal protection. |
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Term
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Definition
| 1990. The program was upheld. Intermediate Scrutiny. |
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Term
| The 5th Amendment applies only to ________ government. |
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Definition
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Term
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Definition
| 1995.Federal set-asides/ a.a. now subject to strict scrutiny. |
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Term
| Before 1995, Affirmative action programs were viewed with ________scrutiny, afterwards, with ____________. |
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Definition
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Term
| Why is the court concerned that something is narrowly tailored? |
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Definition
| So that they can see that there is an injury that is trying to be remedied. |
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Term
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Definition
| 2003. A Racially diverse student body is a "compelling governmental interest." The court found that the quota system the University was using was was not granting individualized consideration to its applicants. |
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Term
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Definition
| 2003. Race was a plus factor, but not a deciding one. They showed that they weren't just letting everyone in, it was race combined with other factors. |
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Term
| After 2003, All racial classifications, whether benign or harmful are subject to ________ scrutiny. |
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Definition
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Term
| Early on, Gender is not a protected class under the __ Amendment |
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Definition
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Term
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Definition
| 1875. State denial of a woman's right to vote does not violate the 14th Amendment |
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Term
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Definition
| 1873. State law banning women from obtaining a law license not against the 14th Amendment. |
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Term
| Wh in 1873 is the law against women obtaining a law license upheld? |
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Definition
| It was "rational" for a state to steer women into fulfilling the noble and benign offices of a mother and wife. |
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Term
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Definition
| 1971. 1st use of Equal Protection clause to strike down Sex discrimination. The court used rational scrutiny. |
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Term
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Definition
| 1976. sex discrimination analyzed under Intermediate Scrutiny for the first time. This was the case where "3-2" beer was prohibited to males under 21, whereas women could purchase it at 18. |
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Term
| After 1976, gender cases will be subject to ______ scrutiny. |
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Definition
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Term
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Definition
| 1996. Exceedingly Persuasive added to Intermediate Scrutiny test. Military institute must allow both sexes. |
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Term
| Is separate but equal still accebtable concerning educational institutions? |
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Definition
| Yes, technically, but it must be shown that both are equal. |
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Term
| The Bill of rights is not applicable to |
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Definition
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Term
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Definition
| 1965. Privacy is a fundamental right. The law making it illegal to aid or counsel anyone in the use of contraceptives was struck down. |
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Term
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Definition
| 1972. Extension of Right to Privacy goes to Individuals. Contraceptives can now be given to those who aren't married. |
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Term
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Definition
| 1965. The curt struck down laws that allowed abortions only to save the mother's life. |
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Term
| What is the "trimester" rule? |
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Definition
First trimester - States cannot ban or closely regulate abortion. Fetus is unprotected.
Second trimester - State regulations reasonably related to the mother's health are constitutional. However, state cannot base its actions upon the life of the fetus.
Third trimester - After viability, the state can regulate or prohibit abortions during this period. States will pass strict scrutiny if this is the case. |
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Term
| Planned Parenthood v Casey |
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Definition
| 1992. Roe partially overruled. |
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Term
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Definition
| 1925. Fundamental rights, such as freedom of press and speech are among fundamental personal liberties protected by the Due Process clause of the 14th Amendment. |
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Term
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Definition
| 1937. The 5th Amendments double jeopady protections were not fundamental to due process or liberty. |
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Term
| Strict Scrutiny is used if the law classifies on the bases of: |
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Definition
| Race, alienage or national origin. |
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Term
| For a law to pass Strict Scrutiny, there must be: |
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Definition
| compelling governmental interest,adn it must be narrowly tailored. |
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Term
| In cases of Strict Scrutiny, the government almost always: |
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Definition
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Term
| In the eyes of the public, race is a _______ classification. |
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Definition
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Term
| Intermediate Scrutiny is used when it regards: |
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Definition
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Term
| Gender is/ is not strictly scrutinized. |
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Definition
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Term
| From the eyes of the public, gender is ________. |
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Definition
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Term
| Rational Scrutiny is used when the case regards: |
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Definition
| Everything but race and gender. Sexual orientation and age falls under this category. |
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Term
| The government almost always _____ when rational scrutiny is used. |
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Definition
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Term
| This type of scrutiny encompasses anything other than rational scrutiny. |
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Definition
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Term
| T/F. Both gender and race receive heightened scrutiny. |
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Definition
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Term
| T/F. Poverty and sexual orientation receive heightened scrutiny. |
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Definition
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Term
| The New Equal protection Clause: |
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Definition
| Using the equal protection clause to strike down/analyze govt. discrimination using categories other than race. |
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Term
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Definition
| Certain fundamental liberties are guaranteed beyond the 5th amendment. |
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Term
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Definition
| Rights guaranteed by implication in the constitution. |
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Term
| What is the 3/5s compromise? |
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Definition
| Slaves would be counted as 3/5s of their enumerated population. |
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Term
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Definition
| From 20 years forward, Congress could not impose restrictions on slavery. This was passed in 1788. |
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Term
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Definition
| Slaves that escape to another state must be returned to the state they came from. |
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Term
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Definition
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Definition
| Includes the Due Process and Equal Protection clauses. |
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Term
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Definition
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Term
| Which cases are under the first amendment? |
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Definition
| Gitlow (1925), Near, Cantwell, Everson, DeJonge. |
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Term
| Which cases are under the 4th Amendment? |
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Definition
| Wolf (1949) and Mapp (1961) |
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Term
| Which cases are under the 5th Amendment: |
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Definition
| Benton (1969), Malloy (1964) and Chicago (1897) |
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Term
| Which cases are under the 6th Amendment? |
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Definition
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Term
| Which cases are under the 8th amendment? |
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Definition
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Term
| Which provisions are not incorported? |
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Definition
| 2, Right to Bear Arms, 3/ Quartering of troops in private residences, 7/ Right to Grand Jury, 8/Excessive Fines |
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