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AP Gov Ch. 5 Flashcards

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9281701507Dred Scott v. Sandforda slave who had escaped to a free state enjoyed no rights as a citizen and congress has no authority to ban slavery in the territories0
9281701508Jim Crow Lawssegregationist laws Limited rights of blacks. Literacy tests, grandfather clauses and poll taxes limited black voting rights1
928170150913th Amendmentratified after the civil war that forbade slavery2
928170151014th amendment- privileges and immunities - due process of law - equal protection of the laws (first and only part of the constitution to invoke the idea of equality)3
928170151115th amendmentextend suffrage (voting) to african americans4
9281701512Classifications under the 14th amendment equal protection clause- principal tool for waging struggles for equality - laws, rules inevitably classify people... but they cannot violate the equal protection so... - how do courts whether a classification in a law or regulation is permissible or violates the equal protection clause? - supreme court established 3 levels of analysis called standards of review (strict scrutiny, intermediate scrutiny, reasonableness)5
9281701513strict scrutiny (inherently suspect)Supreme Court guideline for determining if government can make racial distinctions. According to this guideline, such distinctions are highly suspect and are allowed only if they are narrowly tailored to serve a compelling government interest and there is no other way to accomplish the purpose of the law. - racial and ethnic qualifications are under strict scrutiny6
9281701514intermediate scrutiny- classification based on gender - court presume them to be neither constitutional nor unconstitutional - such law must bear a substantial relationship to an important public purpose (draft)7
9281701515reasonableness- classification must bear a rational relationship to some legitimate governmental purpose - anyone who challenges classifications has the burden of proving that they are not reasonable but arbitrary (singles out specific people) - ex: states restricting right to vote to over 16 is reasonable8
9281701516Plessy v. Fergusonprovided constitutional justification for segregation -legalized state ordered segregation so long as the facilities for blacks and whites were equal9
9281701517Brown v. Board of Educationschool segregation is inherently unconstitutional because it violates the guarantee of equal protection - marked the end of legal segregation10
9281701518De Jure segregationsegregation by law - ex: "separate but equal"... blacks and whites allowed to be segregated as long as they were provided equal rights and conditions11
9281701519De Facto Segregationsegregation in practice - ex: whites voluntarily segregating themselves12
9281701520Civil Rights Act (6 provisions)1- racial discrimination illegal in places of public accommodation (hotels) 2- no discrimination in employment 3- create Equal Employment Opportunity Commission (EEOC) to enforce = protection against job discrimination 4- withhold grants from institutions that practice racial discrimination 5- strengthen voting rights legislation 6- authorized US justice dept. to initiate lawsuits to desegregate public schools and facilities13
928170152124th amendmentdeclared poll taxes void in federal elections (2 years later, voided poll taxes in state elections in Harper v. Virginia State Board)14
9281701522Voting Rights Act of 1965law designed to help end formal and informal barriers to African American suffrage. Under the law, many more African Americans registered to vote and the number of elected African American officials increased dramatically15
9281701523Korematsu v. United States-1944 Supreme Court case where the Supreme Court upheld the order providing for the relocation of Japanese Americans. It was not until 1988 that Congress formally apologized and agreed to pay $20,000 to each survivor.16
928170152419th Amendmentconstitutional amendment adopted in 1920 that guarantees women the right to vote17
9281701525Equal Rights Amendmentequality of rights under the law shall not be denied nor abridged (introduced, fell short, but then passed later)18
9281701526American with Disabilities Actrequired public facilities to make reasonable accommodations for people with disabilities and prohibits discrimination against these individuals in employment19
9281701527Affirmative actionspecial attention for members of some previously disadvantaged group (equal opportunity --> equal results)20
9281701528Regents of the University of California v. Bakkea state university may weigh race or ethnic background as one element in admissions but may not set aside places for members of particular racial groups21
9281701529Lawrence v. Texasoverturned Bowers v. Hardwick when it voided a Texas anti-sodomy law on the grounds that such laws are unconstitutional intrusions on the right to privacy22
9281701530DOMA- defense of marriage act - permits states to disregard same-sex marriages even if they are legal elsewhere in the United States23

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