U.S Govt Ch. 5 pt 2 – Flashcards
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How did the Deep South respond to court ordered desegregation?
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With a delaying tactic known as massive resistance
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Which tactics were part of massive resistance?
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States encouraged private schools to open in areas where public schools decided to integrate, state legislators ordered superintendents to terminate funding to schools with mixed-race classrooms, state legislators ordered schools to remain segregated, states closed some schools that decided to integrate
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What is an example of something that was not part of massive resistance?
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States delegated greater authority to get power out of the hands of anti-segregation governors
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Who led the charge for massive resistance?
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Governor Harry Byrd from Virginia
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What event ended massive resistance?
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Arkansas Governor Orval Faubus mobilized the Arkansas National Guard to block black students from attending a Little Rock High school. A 3 week standoff between him and Eisenhower led to him deploying U.S troops and placing the city under martial law. Faubus responded by closing all of the high schools, and the Supreme Court ended it by re opening the schools again. This event also confirmed national supremacy
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What happened for ten years after the 1954 case?
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The cat and mouse game continued between the south and the federal government, and fewer than 1% of blacks in the south attended schools with whites. This led to the Civil Rights Act of 1964
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What did the Civil Rights Act of 19674 do?
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It outlawed discrimination against racial, ethnic, and religious minorities and against women. It allowed federal agencies to withhold federal grants, contracts, and loans to states and municipalities found to discriminate or obstruct the implementation of the law.
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What was the Swann decision of 1971?
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It held that state imposed desegregation could be brought about by busing children across school districts even where relatively long distances were involved. It also involved the pairing or grouping of schools and reorganizing of school attendance zones. It was the most important judicial extension of civil rights in education after the landmark 1954 case
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What happened in Milken vs. Bradley?
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It severely restricted the Swann case when the Supreme Court determined that only cities of deliberate and de jure segregation would have to desegregate their schools
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What was the effect of the Milken decision?
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It exempted most northern states and cities from busing because school segregation in northern cities is generally de facto, resulting from segregated housing and thousands of acts of private discrimination against blacks and other minorities
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What happened in Missouri vs. Jenkins?
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The Court signaled to the lower courts that they should "disengage from desegregation efforts"
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What would speed up the desegregation of schools?
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The Supreme Court would need to decide to permit federal action against de facto segregation and the various kinds of private schools and academies that have sprung up for the purpose of avoiding integration.
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What was the 1972 Education Act?
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It was the most significant federal legislation to guarantee women equal access to education. Title IX of this act forbids gender discrimination in education. It caused most universities to be fully co ed by the 1970's
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What important events happened in the area of gender discrimination after the 1972 Education Act?
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The Act had fairly weak enforcement provisions, but it was an effective tool for litigation. A 1992 ruling by the Court opened the door for further legal action in the area of education and led to stronger enforcement against sexual harassment, gender inequities in resources (such as lab space, research, and and athletics) and gender inequities in compensation. A 1996 case put an end to all male schools supported by public funds, including all male military schools
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What did Title VII of the Civil Rights Act of 1964 do?
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It outlawed job discrimination by all private and public employers, including government agencies. It makes it unlawful to discriminate in employment on the basis of color, religion, sex, or national origin
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What is a potential difficulty with Title VII?
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One must show that deliberate discrimination was the cause of the failure to get a job or training opportunity
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What did the Ledbetter vs. Goodyear Tires do?
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It said that a complaint of gender discrimination must be brought within 180 days of the time the discrimination was alleged to have occured. It was overturned two years later in 2009 to give them more time
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What was the first campaign of the National Organization for Women?
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It involved picketing the Equal Employment Opportunity Commission for its refusal to ban sex segregated employment advertisements
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What was the Equal Rights Amendment?
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Building on these victories in the women's movement, women's rights activists proposed this, which said "equality of rights under the law shall not be denied or abridged by the U.S or any state on account of sex"
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What did supporters of the ERA believe ?
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that such a sweeping guarantee of equal rights was a necessary tool for ending all discrimination against women and for making gender roles more equal.
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What did opponents of the ERA believe?
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They charged that it would be socially disruptive and would introduce changes such as coed restrooms that most Americans did not want.
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What happened to the ERA?
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It easily passed in Congress but fell 3 states short of the amount needed to ratify the amendment in state legislatures
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What happened to gender discrimination after the failure of the ERA?
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Despite the failure of the ERA, the conservative Burger Court helped to establish gender discrimination as a major and highly visible civil rights issue.
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What was intermediate scrutiny?
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The test used by the Supreme Court in gender discrimination cases. Intermediate scrutiny places the burden of proof partially on the government and partially on the challengers to show that the law in question is constitutional. It is midway between traditional rules of evidence, which put the burden of proof on the plaintiff, and the doctrine of strict scrutiny, which requires the defendant to show not only that a particular classification is reasonable but also that there is a need or compelling interest for it.
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What was an effect of intermediate scrutiny?
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It made it easier for plaintiffs to win suits on the basis of gender discrimination
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Which 2 forms of sexual harassment does the Supreme Court recognize?
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Quid pro type and hostile environment type
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What was sexual harassment a form of?
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Gender discrimination
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What does the quid pro type involve?
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Sexual extortion
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What does the hostile environment type involve?
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Sexual intimidation
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What has the development of gender discrimination as an important part of the civil rights struggle been coincided with?
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The rise of women's politics as a discrete movement in American politics
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What happened in 1898?
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Mexican Americans were given voting rights, but in many places such as Texas they were prevented from voting by means such as the white primary or poll tax
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Which 2 groups helped to stem discrimination against Mexican Americans after WW2?
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American GI Forum and League of United Latin American Citizens
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What was the earliest independent Mexican American political organization?
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League of United Latin American Citizens
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What happened in Mendez vs. Westminster?
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It overturned Orange County policy of school segregation aimed at Mexican Americans. It was an important precedent for Brown vs. Board of Education
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What are the two tracks of Latino political strategy in recent years?
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1. A traditional ethnic-group path of voter registration and voting along ethnic lines, because Hispanic voter registration typically lags far behind the rates at which whites and blacks are registered to vote. 2. A legal strategy using the various civil rights laws designed to ensure fair access to the political system
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What has helped the Hispanic voter registration improve?
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The enormous growth of the Latino population
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What has helped the legal strategy?
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The Mexican American Legal Defense and Education Fund
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What did the early naturalization laws that date back to 1790 say?
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That only white aliens were eligible for citizenship
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When did Chinese immigrants begin arriving in the U.S?
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In the 1850's during the California Gold Rush
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How were the Chinese in California treated in the mid 1800's?
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They were treated with hostility and led Congress to declare Chinese immigrants ineligible for citizenship. Chinese children were denied entry to public schools until parents pressed legal action
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What happened to the Chinese in 1882?
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The Chinese Exclusion Act was passed, which suspended the entry of Chinese laborers. It was not repealed until 1943.
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What did U.S vs. Wong Kim say? (1898)
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Anyone born in the U.S was entitled to full citizenship
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What did the 1965 Immigration and Nationality Services Act do?
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It lifted discriminatory quotas and helped improve immigration rapidly
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What barred many Asian Americans from the full participation in American life?
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Limited English proficiency
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What happened in Lau vs. Nichols?
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A suit filed on behalf of Chinese students in SF that school districts have to provide education for students whose English is limited. It established a duty to provide instruction that students could understand
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What did the 1970 amendments to the Voting Rights Act of 1965 do?
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It permanently outlawed literacy tests as a prerequisite to register to vote and mandated bilingual ballots or oral assistance for those who speak other languages: Chinese, Spanish, etc.
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What 2 things helped improve the literacy of Asian Americans?
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Lau vs. Nichols and the 1970 amendments to the Voting Rights Act of 1965
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What have waves of immigration led to in the U.S?
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Legislation restricting who can come to the U.S
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What have immigration restrictions included?
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Quotas, visas, and other controls on how long people can reside in the U.S and what privileges they enjoy while here.
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Why did many Asian Americans and Latino organizations oppose the Immigration Reform and Control Act of 1986?
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Because it imposes sanctions on employers who hire undocumented workers. They feared these sanctions would lead employers to discriminate against Latinos and Asian Americans
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How did the Supreme Court say that legal and illegal immigrants are treated?
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It ruled that illegal immigrants are eligible for education and medical care but can be denied other social benefits. It ruled that legal immigrants are to be treated much the same as citizens
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How do regular citizens feel about the growing immigration population (300 K per yr)?
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Many groups of voters now support drawing a sharper line between immigrants and citizens.
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What was Proposition 187?
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In 1994, California voted in favor if it. It denied illegal immigrants all services except emergency medical care. Most of it was ruled unconstitutional
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What was the reason behind supporting Proposition 187?
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It might discourage illegal immigration and pressure illegal immigrants already in the country to leave
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What was the reason behind opposing Proposition 187?
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They contended that denying basic services to illegal immigrants risked creating a subclass of residents in the U.S whose lack of education and poor health would threaten
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What is a major problem with illegal immigration?
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Congress has the power to deny public benefits to this group, but doing so would go against long-standing traditions in American culture. Some states have enacted their own laws aimed at identifying and deporting illegal immigrants within their borders
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What did the 1973 Rehabilitation Act do?
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It outlawed discrimination against individuals on the basis of disabilities and planted seeds for the Disabilities movement demanding rights
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What was founded to press the Disabilities Movement's legal claims?
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Disability Rights Education and Defense Fund
