Civil Rights Cases Flashcards

Fourteenth Amendment to the United States Constitution
Terms Definitions
Ledbetter vs. Goodyear
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Griswold v. Connecticut, 1965
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McConnell vs. Federal Elections Commission
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Morgan V. Kerrigan
(1974)Boston busing decision (mandatory reassignment)
Bowers v. Hardwick (1986)
sodomy laws constitutional
Exclusionary Rule
Evidence gathered illegally cannot be presented in court, ex. unreasonable searches
19th Amendment
Women receive effective suffrage at national level
Plessy v. Ferguson (1896)
seperate but equal constitutional
Sweatt V. Painter
1950: Supreme Court ruled that separate professional schools for blacks failed to meet the test of equality (challenge to Plessy v. Ferguson)
Furman v. Georgia
8th Amendment Capital punishment. It raised the question of racial imbalances in the use of the death penaltyby state courts. Many states rewrote the death penalty statutes.
Brown v Board of Education
school education is unconstitutional
Hopwood v. Texas
the first successful legal challenge to a university's affirmative action policy in student admissions since Regents of the University of California v. Bakke. Four white plaintiffs who had been rejected from The University of Texas School of Law challenged the institution's admissions policy on equal protection grounds and prevailed.
Richmond v. Croson
Affirmative action plans must be judged by the strict scrutiny standard that requires any race-conscious plan to be narrowly-tailored to serve a compelling interest.
Reynolds v. U.S.
Free Exercise clause only protects religious beliefs, not religious conduct. (1878)
RULING: U.S. (The man)
DC vs. Heller
individual right to bear arms to protect for lawful purposes
Griswold vs. CT
individuals have a right to privacy (birth control devices) (9th)
Dred Scott v Sandford
people of African descent imported into the United States and held as slaves (or their descendants, whether or not they were slaves) were not protected by the Constitution and could never be U.S. citizens
Reed v. Reed
The Idaho Probate Code specified that "males must be preferred to females" in appointing administrators of estates. After the death of their adopted son, both Sally and Cecil Reed sought to be named the administrator of their son's estate (the Reeds were separated). According to the Probate Code, Cecil was appointed administrator and Sally challenged the law in court.Did the Idaho Probate Code violate the Equal Protection Clause of the Fourteenth Amendment? n a unanimous decision, the Court held that the law's dissimilar treatment of men and women was unconstitutional.
Abel v. United States
this appeal presents a constitutional challenge to the military's "don't ask, don't tell" policy toward homosexual members of the United States military, as instituted as part of the National Defense Authorization Act for the Fiscal Year 1994
Stenburg v. Carhart
States may not ban partial birth abortions if they fail to allow an exception to protect the health of the mother.
Craig v. Boren (1976)
laws based on gender deserve intermediate scrutiny
Gaines V. Missouri
1938: Gaines had to be admitted to all-white Missouri law school because all-black one not yet built
equal protection of the law
a requirement of the fourteenth amendment that state laws may not arbitrarily discriminate against persons
Title IX Legislation of 1972
Prohibits discrimination on the basis of gender in any educational program using federal funding
Adarand Constructors Inc. v. Pena
is the presumption of disadvantage based on race alone, and consequent allocation of favored treatment, a discriminatory practice that violates the equal protection principle embodied in the Due Process Clause of the Fifth Amendment? Yes. the Court held that all racial classifications, whether imposed by federal, state, or local authorities, must pass strict scrutiny review. The Court added that compensation programs which are truly based on disadvantage, rather than race, would be evaluated under lower equal protection standards. However, since race is not a sufficient condition for a presumption of disadvantage and the award of favored treatment, all race-based classifications must be judged under the strict scrutiny standard.
Lawrence v. Texas
State law may not ban sexual relations between same-sex partners.
Korematsu v. United States, 1944
Internment of 100,000 Americans of Japanese descent in encampments during WW2.
Planned Parenthood vs. Casey
Ordered women to wait 24 hours before abortion after doctor consent, overturned spousal consent.
Regents of UC v. Bakke
No quotas in AAct; AAct is legal
EEOC (Equal Employment Opportunity Commission)
This agency was established to oversee the hiring of public servants, and private sector workers involved in gov't contracts
Brown v. Board of Education
court found that segregation was a violation of the Equal Protection clause; "separate but equal" has no place; reverse decision of Plessy v Ferguson
Brown v. Board of Education of Topeka, Kansas, 1954
School segregation was unconstitutional because it violates the 4th amendment.
Lawrence v. Texas (2003)
states cannot ban sodomy due to the due process clauseoverturns Bowers v. Hardwick
Swann v. Charlotte Mecklenburg board of education
was an important United States Supreme Court case dealing with the busing of students to promote integration in public schools
Oncale v. Studowner Offshore Services 1998
Oncale, a male, filed a complaint against his employer, Sundowner Offshore Services, Inc., alleging that he was sexually harassed by co-workers, in their workplace, in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"). Does the prohibition against sex discrimination, set out in Title VII of the Civil Rights Act of 1964, apply to same-sex sexual harassment? Yes. while Title VII does not prohibit all verbal or physical harassment in the workplace, it does bar all forms of discrimination "because of" sex. Such discrimination, whether motivated by sexual desire or not, is actionable so long at it places its victim in an objectively disadvantageous working condition, regardless of the victim's gender.
brown v. board of education of topeka
established in a major decision that segregation of the races in public schools violates the equal protection clause of the fourteenth amendment
Meritor Savings Bank v Vinson 1986
After being dismissed from her job at a Meritor Savings Bank, Mechelle Vinson sued the Vice President of the bank. Vinson charged that she had constantly been subjected to sexual harassment by him over her four years at the bank. She argued such harassment created a "hostile working environment" and was covered by Title VII of the Civil Rights Act of 1964. Did the Civil Rights Act prohibit the creation of a "hostile environment" or was it limited to tangible economic discrimination in the workplace? he Court recognized that plaintiffs could establish violations of the Act "by proving that discrimination based on sex has created a hostile or abusive work environment." The Court declined to rule on the degree to which businesses could be liable for the conduct of specific employees.
heart of atlanta motel v. united states
held that they could use the commerce clause to enforce desegregation
Simmons vs. Roper
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Gonzales v. Oregon, 2006
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Texas v. Johnson
Flag Burning Legal
FEC vs. Wisconsin Right To Life
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President Truman
1949 desegregates the armed forces with an executive order
Lemon vs. Kurtzman
Ruled that Pennsylvania's 1968 Nonpublic Elementary and Secondary Education Act, which allowed the state Superintendent of Public Instruction to reimburse nonpublic schools (most of which were Catholic) for teachers' salaries who taught secular material in these nonpublic schools, secular textbooks and secular instructional materials, violated the Establishment Clause of the First Amendment.
Voting Rights Act of 1965
Outlawed literacy tests
Romer v. Evans (1996)
anti-antidiscrimination laws are unconstituional (this case involed colorado amendment to stop any special status used for homosexuals)
Gregg v. Georgia
Reaffirmed courts acceptance of death penalty in the US
Boerne v. Flores
(religion)- Established that RFRA was only to prevent burdens on religious groups but ordinances that aren't based on religion but simply based on law do not break RFRA. The RFRA overly restricted the states freedom to enforce its legislation that had nothing to do with religion. The RFRA exceeds Congress's enforcement powers of the 14th Amendment.
Korematsu v US
allowed internment camps of Japanese Americans
Fullilove c. Klutznick
Congress enacted leg requiring at least 10 percent of fed funds granted for local public works programs to be used to obtain services or supplies from businesses owned by minority group members. Fullilove and other contractors filed suit, claiming they had been economically harmed by the enforcement of the statute. Did the provision of the statute for minority businesses violate the Equal Protection Clause of the Fourteenth Amendment? No the minority set-aside program was a legitimate exercise of congressional power. Congress could pursue the objectives of the minority business enterprise program under the Spending Power. noted that Congress could have regulated the practices of contractors on federally funded projects under the Commerce Clause as well. The Court further held that in the remedial context, Congress did not have to act "in a wholly 'color-blind' fashion."
Rostker v. Goldberg
Congress can draft men without drafting women.
Plessy V. Ferguson
a 1896 Supreme Court decision which legalized state ordered segregation so long as the facilities for blacks and whites were equal
US v. Virginia
question about admittance of women to Virginia Military institute, supremes voted that presence of women would not cause undue academic, physical or psychological for other students
miranda v. arizona
a malor ruling on criminal procedure to secure the privilege against self-incrimination
American Disabilities Act
Requires the private sector to make facilities accessible to all
United States v. Virginia
The Virginia Military Institute (VMI) boasted a long and proud tradition as Virginia's only exclusively male public undergraduate higher learning institution. The United States brought suit against Virginia and VMI alleging that the school's male-only admissions policy was unconstitutional insofar as it violated the Fourteenth Amendment's equal protection clause. On appeal from a District Court ruling favoring VMI, the Fourth Circuit reversed. It found VMI's admissions policy to be unconstitutional. Virginia, in response to the Fourth Circuit's reversal, proposed to create the Virginia Women's Institute for Leadership (VWIL) as a parallel program for women. Does Virginia's creation of a women's-only academy, as a comparable program to a male-only academy, satisfy the Fourteenth Amendment's Equal Protection Clause? No
Grutter v. Bollinger
Does the University of Michigan Law School's use of racial preferences in student admissions violate the Equal Protection Clause of the Fourteenth Amendment or Title VI of the Civil Rights Act of 1964? No
United Steelworkers v. Weber
Despite the ban on racial classifications in the 1964 Civil Rights Act, this case upheld the use of race in an employment agreement between the steelworkers union and the steel plant.
Hernandez v. Texas (1954)
equal protection extends to racial groups (here it concerned jury selection)
Green V. New Kent County
(1968) Banned a freedom-of-choice plan for integrating schools, suggesting that blacks and whites must actually attend racially mixed schools
Tinker vs. Des Moines
Supreme Court case that stated that students do not lose their freedom of speech rights in high school. Mary Beth tinker wore black arm bands to protest the Vietnam War.
Interest Group Politics
A policy in which one small group benefits and another small group pays
Civil Rights Act of 1957
Bans discrimination in voting in federal elections
Wards Cove v. Atonio (1989)
Wards Cove Packing Co. employed primarily nonwhite workers for unskilled seasonal jobs canning fish. A group of nonwhite workers filed suit in federal district court alleging that Wards Cove practiced discriminatory hiring in violation of Title VII of the Civil Rights Act of 1964. once employees present evidence of racial disparity among different classes of jobs, does the employer have to justify this disparity as a "business necessity" in order to avoid a "disparate impact" lawsuit under Title VII of the Civil Rights Act of 1964? No.
Swann v. Charlotte-Mecklenburg Board of Education
Approved busing and redrawing district lines as ways of integrating public schools.
Gratz v. Bollinger (2003)
admissions plans with a point system for minorities (affirmative action) was unconsitutional as it was too mechanisticundergraduate
Boy Scouts of America v. Dale
Private organizations have the right to determine who is in their group.
• Parents Involved in Community Schools v. Seattle School District No. 1
(2007):
The Supreme Court struck down a Seattle school assignment procedure that used
race as a tiebreaker in making student assignments to high schools.
Harris v. Forklift Systems 1993
Teresa Harris was sexually harassed by her employer. She filed suit in federal district court, claiming that the harassment created an "abusive work environment" in violation of Title VII of the Civil Rights Act of 1964. The employer countered that the harassment had not been severe enough to seriously affect her psychologically or impair her ability to work, and that it therefore did not create an abusive work environment under the meaning of Title VII.Must sexual harassment "seriously affect [an employee's] psychological well being" in order to create an "abusive work environment" that violates Title VII of the Civil Rights Act of 1964? No
Regents of the University of California v. Bakke, 1978
State universities can't admit less qualified individuals solely because of their race.
Adarand Constructors v. Pena (1995)
racial rules by the federal government are subject to strict scrutiny (the case here involved favoring minorities for construction projects)
• Shelly v. Kraemer
(1948): At issue in this case was the use of private deed
restrictions used to prohibit property owners from selling or leasing property to
African Americans or other minorities. In this case, the Supreme Court found that
private contracts calling for discrimination could be written, but state courts
could not enforce them because that would make the state a party to
discrimination.
PGA Tour v. Martin
The PGA Tour is required to adhere to the Americans with Disabilities Act
• City of Richmond v. Croson Co.
(1989): The U.S. Supreme Court applied strict
judicial scrutiny to race-conscious efforts to remedy the effects of past
discrimination. The Court found that the use of minority-business set-asides by
the city of Richmond, Virginia, was unconstitutional because the city had failed
to demonstrate a compelling governmental interest that a specific history of
discrimination in the city's construction industry had occurred, which would
have justified a race-based program of relief.
Green v. County School Board of New Kent County
Banned a freedom-of-choice plan for integrating schools, suggesting that blacks and whites must actually attend racially mixed schools.
Boy Scouts of America et. al. v. Dale
The Boy Scouts of America revoked Dale's adult membership upon discovering that Dale was a homosexual and a gay rights activist. Dale filed suit alleging that the BS had violated the New Jersey statute prohibiting discrimination on the basis of sexual orientation in places of public accommodation. The BS, a private, not-for-profit organization, asserted that homosexual conduct was inconsistent with the values it was attempting to instill in young people. Does the application of New Jersey's public accommodations law violate the B S' First Amendment right of expressive association to bar homosexuals from serving as troop leaders? Yes "applying New Jersey's public accommodations law to require the BS to admit Dale violates the Boy Scouts' First Amendment right of expressive association." In effect, the ruling gives the BSA a constitutional right to bar homosexuals from serving as troop leaders.
Chaplinsky vs. NH
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Bowers v. Hardwick, 1986
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Comparable Worth
Major factor in compensation discrimination lawsuits
civil rights
positive acts of government designed to protect persons against arbitrary or discriminatory treatment by government or individuals.
Jim Crow Laws
State-led segregationist laws against African-Americans
Brown V. BOE
1954: Overturned Plessy v. Ferguson; Separate but equal unconstitutional
Voting Rights Act of 1982
Redistricting to require majority/minority representation
Heart of Atlanta Motel, Inc. v. United States, 1964
...
14th Amendment
Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws
Romer v. Evans
1996; A Colorado amendment banning gay and lesbian marraige is ruled unconsititutional by the supreme court because it violates the EQUAL PROTECTION CLAUSE
Engel vs. Vitale
case that said organized prayer is unconstitutional in school
Gatz v. Bollinger
Does the University of Michigan's use of racial preferences in undergraduate admissions violate the Equal Protection Clause of the Fourteenth Amendment or Title VI of the Civil Rights Act of 1964?
Yes. the Court held that the University of Michigan's use of racial preferences in undergraduate admissions violates both the Equal Protection Clause and Title VI.
Bowers v. Hardwick
Court ruled that the constitution did not protect the practice of sodomy between homosexuals, and that the states could ban sodomy.
Planned Parenthood v. Casey, 1992
Changed standard for evaluation restrictions on abortion from one of "strict scrutiny" of any restraints on a "fundamental right" to one of "undue burden" that permits considerably more regulation.
Grutter v. Bollinger and
upheld Powell's concurring opinion in Bakke in that narrowly tailored affirmative action rules for obtaining educational benifits of diversity was oklaw school
mapp v. ohio
ruled that a state may not use illegally seized evidence in criminal trials
• Plessy v. Ferguson
(1896): The U.S. Supreme Court found that Jim Crow laws
segregating white and African American populations did not violate the Equal
Protection Clause of the Fourteenth Amendment. The decision held that states
could require separate facilities for whites and African Americans, as long as the
facilities were equal.
Equal Pay Act of 1963
Compensaton equity for all workers during the same job
Griswold v. Connecticut
Found a "right to privacy" in the Constitution that would ban any state law against selling contraceptives.
Barron v. Baltimore
Bill of Rights applies only to federal government (1833, overturned by 14th)
Virginia vs. Black
Held that the KKK can burn crosses as long as it's ceremonial and has no direct threat to anyone as violence
University of California v Bakke
a state university could not admit less qualified individuals soley because of their race
Toyota Manufacturing v. Williams
Did the Court of Appeals use the proper standard in determining whether an employee was disabled under the ADA due to carpel tunnel syndrome by showing that her manual disability involved a class of manual activities affecting the ability to perform tasks at work? Court held that the Court of Appeals did not apply the proper standard in making its determination because it analyzed only a limited class of manual tasks and failed to ask whether Williams's impairments prevented or restricted her from performing tasks that are of central importance to most people's daily lives. The Court also reasoned that for the purposes of the ADA, an impairment's impact must also be permanent or long-term.
Webster v. Reproductive Health Services
Allowed states to ban abortions from public hospitals and permitted doctors to test to see if fetuses were viable.
Korematsu v. United States (1944)
Japanese interment ok (gov meet strict scrutiny standard)
new york times v. sullivan
held that a public official could not recover civil libel damagesd for criticism of his official conduct by a newspaper or other persons
Brown vs. Board of Education
End of legal segregation in the United States
Franklin v Gwinnett County Public Schools 1992
Franklin is a high school student who was sexually abused by a teacher at school.She sought to bring a Title IX action against the school for damages sustained as a result of the abuse. The issue is whether damages can be awareded under Title IX. Supreme Court granted certiorari and held that federal damages are available under Title IX in an action seeking remedies for an intentional violation.
Lee v. Weisman
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Veronia School District vs. Acton
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Shaw v. Reno
banned racial gerrymandering
Standard Oil Co.of New Jersey vs. US
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15th Amendment
Gender discrimination in voting is upheld
Swann V. Charlotte-Mecklenburg
(1971) integration in public schools was an important United States Supreme Court case dealing with the busing of students to promote integration in public schools.
Hazelwood v. Kuhlmeier
public school officials have control over the content of a student-sponsered newspaper
Milliken v. Bradley
1974- placed an important limitation on the first major Supreme Court case concerning school busing, Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1 (1971), by holding that such remedies could extend across district lines only where there was actual evidence that multiple districts had deliberately engaged in a policy of segregation.
Civil Rights Act of 1964
Most sweeping anti-discrimination legislating supporting all minorities including women
Craig v. Boren
Gender discrimination can only be justified if it serves "important governmental objectives" and be "substantially related to those objectives"
Craig v. Boren, 1976
Established a "medium scrutiny" standard for determining gender discrimination.
Buckley vs. Valeo
Supreme Court ruled that it is unconstitutional for Congress to limit the amount of money an individual may spend supporting a candidate if the expenditures are made independent of the campaign. Overturned
Age Discrimination Act of 1967
Prohibits job discrimination against workers 40 to 65
Plessy v. Ferguson, 1896
"Equal but separate accommodations for the White and colored races" was constitutional.
Wisconsin v. Yoder
The parents of three Amish children aged 14-15 didn\'t want to send their kids to public high school due to their faith and community. (1971)
Often seen as a \"high water mark\" of free exercise.
RULING: Yoder (The people)
Standards to Determining Sexual Discrimination
Some different treatment is reasonable and not arbitrary (ex. statutory rape laws for men not women), strict scrutiny standard says some distinctions between groups (ex. black and white) are inherently bad, but for the women's movement the standard was between the two
• Adarand Constructors v. Pena
(1995): This decision furthered the use of strict
judicial scrutiny in race-conscious efforts to remedy the effects of past
discrimination. The Court ruled that all racial classifications imposed by any
level of government must serve a compelling government interest and must be
narrowly tailored to further that interest. Simply showing statistical racial
disparities in hiring and promotion is not sufficient to prove discrimination.
Korematsu v. US
Gave Fed Gov't the right to evacuate Japanese-Americans from West Coast during WWII
Korematsu v. U.S.
The court ruled that the ordering of Japanese=Americans into internment camps was constitutional
Roe v. Wade, 1973
State ban on all abortions was unconstitutional.
Employment Division v. Smith
Two men are fired for ingesting peyote, an illegal substance, as part of a Native American religious rite central to the faith.
Strict scrutiny struck down; Sherbert case reversed. Laws do not violate FE if they are generally applicable.
(Contested by Religious Freedom Restoration Act of 1993)
RULING: Employment Division (The man)
Family and Medical Leave Act
Gender equity in the granting unpaid absences for parenting situations
Tinker v. Des Moines
The case that ruled that students do not lose Constitutional rights when they entered the building but they can be limited if they cause a disruption
Swann v. Charlotte-Mecklenburg Schools (1971)
busing kids to schools to achieve racial diveristy irregarless of geography ok because it ensures everyone would have equal educational oppurtunities
Missouri v. Jenkins
On June 12, 1995 the Court, in a 5-4 decision, overturned a District Court ruling that required the state of Missouri to correct de facto racial inequality in schools by funding salary increases and remedial education programs.
United States v. Paradise
in response to a series of lawsuits in the 1970s, the Alabama Department of Public Safety was required to implement a promotion scheme in which half of the department's promotions to certain ranks would go to black officers if enough qualified blacks were available. Did the one-black-for-one-white promotion scheme violate the Equal Protection Clause of the Fourteenth Amendment? Court upheld the promotion plan. The scheme did not impose an "absolute bar" to white advancement, was narrowly drawn to include only specific ranks in the department,
Parents Involved in Community Schools v. Seattle (2007)
race cannot be used in specific schools solely to create racial diversity not a compelling state interest. followup to swann
Goodridge vs. Massachusetts Board of Health
In a ruling delivered in 2003, the Massachusetts Supreme Judicial Court found that the state may not "deny the protections, benefits and obligations conferred by civil marriage to two individuals of the same sex who wish to marry." the state's constitution "affirms the dignity and equality of all individuals. It forbids the creation of second-class citizens," the state had no "constitutionally adequate reason for denying marriage to same-sex couples," and "The right to marry is not a privilege conferred by the State, but a fundamental right that is protected against unwarranted State interference." the Court held that the State does not have a rational basis to deny same-sex couples marriage on the ground of due process and equal protection.
Dred Scott v. Sandford, 1857
A Black man, slave or free had no rights as a citizen and Congress had no power to ban slavery in the Western territories.
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