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rights that guarentee individuals freedom from discrimination. These rights are generally grounded in the equal protection clause of the 14th amendment. |
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refer to the the freedoms guarenteed in the Bill of Rights, such as the freedom of speech,religious expression, and the press -limit what the government can do to you and civil rights protect you from discrimination both gov. and individuals. |
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main difference between civil liberties and civil rights |
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L: about freedom CR: about equality |
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most divisive Civil Rights movement |
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slavery, but we have delt with women, native americans, latinos- now a days with disabled, gays and lesbians |
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an agreement between pro and antislavery groups passed by congress in 1820 in an attempt to ease tensions by limiting the expansion of slavery while also maintaining a balance between slave states and free states. |
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required northern states states to treat escaped slaves as property and return them to their owners. |
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over turned the missouri compromise and allowed each new state to decide for itself if they wanted to become a slave state or not. |
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supreme court ruled that states could not be prevented from allowing slavery.it also said that slaves were property and not citizens and had no legal rights. |
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to have been denied the ability to exercise a right, such as the right to vote. |
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a type of law enacted in several states to allow those who were permitted to vote before the civil war, and their decsendents, to bypass literacy tests and other obstacles to voting thereby exempting whites from these tests while continuing to disfranchise african americans and other people of color |
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state and local laws that mandated racial segregation in all public facilities in the south, many border states, and some northern communities between 1876 and 1964. |
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reconstruction era (1866-1877) |
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blacks in the south gained political power through institutions such as the freedmans burea and the union league with substancial help from the radical republicans.When federal troops withdrew and republican party left the south blacks were hated. at the end of this and turn of the century 90 % of all blacks lived in the south. |
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13 14 and 15th amendments |
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13: banned slavery
14: guaranteed that states could not deny the newly freed slaves the equal protection of the laws and provided citizenship to anyone born in the U.S
15: gave african american men right to vote |
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civil rights act of 1866 and 1875 |
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supposed to outlaw segregation and provide equal opportunity for blacks- no enforcement provisions. In 1883 the supreme court ruled this unconstitutional |
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Plessy vs ferguson in establishing separate but equal |
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officially permitting segregation as long as blacks had equal facilities ; struck down by Brown vs. Board of Education |
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Brown v. Board of Education and brown II |
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rejected the separate but equal doctrine and then ordered public schools be desegregated -set the stage for the civil rights movement |
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chinese exclusion act of 1882 |
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prevented chinese already in the U.S from becoming U.S citizens but the supreme ruled that out because there children would have to according the 14th amendment. Barred all immigration from their country. barred almost all immigration from china-first time U.S singled out a specific ethnic group |
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the idea under which some people have tried to rationalize discriminatory policies by claiming that some groups, like women or african americans should be denied certain rights for their own safety or well-being. Myra Bradwell wanted to be a lawyer and was denied this because she was a women and the supreme court said that it is not a right to become a lawyer. |
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lack in politics b/c language barrier and not citizens so can't vote and diverse political group- mix of rep. and dem. |
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stats about black vs. whites |
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black unemployment for males has been twice as high as whites, two parent home, more likely to be murdered, health expectencies, racial profiling in the criminal justice system |
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blacks in the criminal system |
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they are criminal issues with police shootings and such. |
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students went to a segregated lunch counter at a local pub and asked to be served and wouldnt move and some were arrested and some were violent but responded with passive acts. |
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relating to actions or circumstances that occur by law such as the legally enforced segregation of schools in the american south before the 1960's
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relating to actions or circumstances that occur outside the law or by fact such as the segregation of schools that resulted from housing patterns and other factors rather than from laws. |
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disparate impact standard |
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the idea that discrimination exists if a practice has a negative effect on a specific group, wheather or not this effect was intention. ex. written exams or aptitude tests that discriminate against blacks |
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the use of evidence to suggest that differences in the behavior of two groups can rationalize unequal treatment of these groups, such as charging sixteen to twenty one year olds higher prices for auto insurance than people over twenty one because younger people have higher accident rates. |
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intermediate scrutiny test |
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the middle level of scruntiny the courts use when determining whether unequal treatment is justified by the effect of a law; this is the standard used for gender based discrimination cases and for many cases based on sexual orientation, gives women stronger protections rather than the reasonable basis test |
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the highest level of scrutiny the courts use when determining whether unequal treatment is justified by the effect of a law. it is applied in all cases involving race. laws rarely pass the strict scrutiny standard; a law that discriminates based on race must be shown to serve some "compelling state interest" in order to be upheld. helps women the most |
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applied in a discriminatory fashion against the chinese. to drive out the chinese and with violence too. |
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spurred the gay rights movement and they fought back and went on for three days |
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sparked the civil rights movement |
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test a supreme court decision that integrated interstate bus travel,sparking violence |
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letter from the birmingham jail |
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defending nonviolent civil disobedience against unjust laws |
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federal voting rights act |
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prohibits denying anyone the vote on the basis of color and race |
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had a black law school for student but clearly was not good enough compared to the white |
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supreme courts devotion to a color blind jurisprudence has thrown the constitutionality of black majority districts into doubt-saying that its ok to have black majority districts but race can't be the main reason |
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further civil rights- desegregation cases from the 1950's or limit civil rights |
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Virginia Military Institute |
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only accepted men and this violated 14th amendment because didn't explain reasoning why they wanted only men |
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title IX of the education amendments of 1972 |
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prohibits sex discrimination in any education program or activity receiving federal financial assistance. applied to private colleges and universities in which students received federal financial aid. greatest impact on womens sports |
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lilly ledbetter fair pay act |
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first act signed by obama, discrimination against genders |
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homosexual behavior was not protected by the constitution and state laws banning it could be justified under the most lenient reasonable basis test |
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substantive due process doctrine |
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serves as the basis for the constitutional protections for birth control, abortion, and decisions about how to raise ones child. in this view the supreme court has the power to overturn laws that infringe on individual liberties. |
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barred discrimination in employment based on sex, race, religion or national origin, banned segregation in public places and set up the EEOC as the enforcement agency for the legislation |
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eliminated direct obstacles to minority voting in the south such as discriminatory literacy tests and other voter registration tests and also provided the means to enforce the law, one of the most significant pieces during the civil rights movement |
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barred discrimination in the rental or sale of a home |
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Title VII of the civil rights act |
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barred discrimination based on gender |
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extra effort to recruit women and minorities for employment or college admission by taking out ads in newspaper and magazines. Sometimes meeting a quota-strict numerical targets to hire or admit a specific number of applicants |
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university of california regents v. bakke |
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landmark decision for affirmative action in higher education. Bakke had higher scores than minorities but they had slots they had to fill for the minorities |
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