Overrules Plessy (separate is not equal!). strict scrutiny. the rights of people to be treated without unreasonable or unconstitutional differences, classifications for people on the basis of their race or ethnicity, a Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest and is not narrowly tailored to achieve that goal, upheld separate-but-equal facilities for white and black people on railroad cars, the doctrine established in Plessy v Ferguson (1896) that African Americans could constitutionally be kept in separate but equal facilities, racial segregation that is required by law, racial segregation that occurs in schools, not as a result of the law, but as a result of patterns of residential settlement, said that separate public schools are inherently unequal, this starting racial desegregation, Green v County School Board of New Kent Country, banned a freedom-of-choice plan for integrating schools, suggesting that blacks and whites must actually attend racially mixed schools, Swann v Charlotte-Mecklenburg Board of Education, approved busing and redrawing district lines as ways of segregating public schools, opposing a law one considers unjust by peacefully disobeying it and accepting the resultant punishment, changing public opinion, violence against demonstrators, assassination of JFK, Democratic Congress, four developments that made it possible to pass civil rights legislation, gender discrimination violates the equal protection clause of the Constitution, gender discrimination can only be justified if it serves "important governmental objectives" and be "substantially related to those objectives", "Congress can draft men without drafting women", state may not finance an all-male military school, state power to effect laws promoting health, safety, and morals, found a "right to privacy" in the Consitution that would ban any state law against selling contraceptives, state laws against abortion are unconstitutional, allowed states to ban abortions from public hospitals and permitted doctors to test to see if fetuses were viable, reaffirmed Roe v Wade but upheld certain limits on its use, states may not ban partial birth abortions if they fail to allow an exception to protect the health of the mother, programs designed to increase minority participation in some institution by taking positive steps to appoint more minority-group members, making certain that people achieve the same result, using race or sex to give preferential treatment to some people, Regents of the University of California v Bakke, a quota-like ban on admission is unconstitutional but "diversity" is a legitimate goal that can be pursued by taking race into account, 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 steel plant, affirmative action plans must be jusged by the strict scrutiny standard that requires any race-conscious plan to be narrowly tailored to serve a compelling interest, Grutter v Bollinger and Gratz v Bollinger, numerical benefits cannot be used to admit minorities into college, but race can be a "plus factor" in making those decisions, "compelling government interest"; "narrowly tailored", state law may not ban sexual relations between same-sex partners, private organization may ban gays from its membership. Learn vocabulary, terms, and more with flashcards, games, and other study tools. AA: Sufficiently Compelling Interests under SS? 1. On Saturday, October 10th, we'll be doing some maintenance on Quizlet to keep things running smoothly. Applied SS with respect to Japanese Americans interned in camps during WWII. Facts: Closing of swimming pools after fed. Desire to remedy past effects of intentional discrimination. Purpose of benign classifications is not to make one group inferior, but to give equal opportunity. ct. ordered them to be desegregated.
Distinguished from Grutter - not narrowly tailored enough b/c it makes race the decisive factor, not just one factor. Test: Law must be necessary to achieve a compelling gov't interest (it must be the least restrictive means). If a law is deemed facially neutral, then must apply rational basis, unless the challenger shows disparate (discriminatory) impact AND discriminatory purpose (then apply SS). 1. Learn term:privacy rights = strict scrutiny with free interactive flashcards. AA: Sufficiently Narrowly-Tailored Means? 1. Learn vocabulary, terms, and more with flashcards, games, and other study tools. This case eliminated state power to use race as a criterion of discrimination in law and provided the national government with the power to intervene by exercising strict regulatory policies against discriminatory actions, a test used by the Supreme Court in racial discrimination cases and other cases involving civil liberties and civil rights that places the burden of proof on the government rather than on the challengers to show that the law in question is constitutional, literally, "by law"; refers to legally enforced practices, such as school segregation in the South before the 1960s, literally, "by fact"; refers to practices that occur even when there is no legal enforcement, such as school segregation in much of the United States today, the apportionment of voters in districts in such a way as to give unfair advantage to one racial or ethnic group or political party, a practice in which banks refuse to make loans to people living in certain geographic locations, a test used by the Supreme Court in gender discrimination cases that places the burden of proof partially on the government and partially on the challengers to show that the law in question is unconstitutional, government policies or programs that seek to redress past injustices against specified groups by making special efforts to provide members of those groups with access to educational and employment opportunities.
On Saturday, October 10th, we'll be doing some maintenance on Quizlet to keep things running smoothly. On Saturday, October 10th, we'll be doing some maintenance on Quizlet to keep things running smoothly. a test used by the Supreme Court in racial discrimination cases and other cases involving civil liberties and civil rights that places the burden of proof on the government rather than on the challengers to show that the law in question is constitutional ... de jure. acts, not bringing about equal results -> looks to 14th A's purpose. (e.g. Choose from 27 different sets of term:privacy rights = strict scrutiny flashcards on Quizlet. Start studying Strict Scrutiny. Quizlet will be unavailable from 4-5 PM PT. Quizlet will be unavailable from 4-5 PM PT. Divesting a mother of custody simply b/c she married a black man violates EP. economic classifications). Racial balancing is not a compelling interest, although remedying past discrimination is. 1. 1. Facts: Racial inequality in the death penalty. EP is about stopping discrim. 1. intent: If challenger proves discrim. Factors to be considered when proving discrim. Discriminatory purpose is a HIGH standard; have to do some because of purpose to disadvantage or discriminate, NOT just in spite of. the use of any unreasonable and unjust criterion of exclusion, obligation imposed on government to take positive action to protect citizens from any illegal action of government agencies and of other private citizens, provision of the Fourteenth Amendment guaranteeing citizens "the equal protection of the laws."
This clause has been the basis for the civil rights of African Americans, women, and other groups, one of three Civil War amendments; it abolished slavery, one of three Civil War amendments; it guaranteed equal protection and due process, one of three Civil War amendments; it guaranteed voting rights for African American men, laws enacted by southern states following Reconstruction that discriminated against African Americans, doctrine that public accommodations could be segregated by race but still be considered equal, the 1954 Supreme Court decision that struck down the "separate but equal" doctrine as fundamentally unequal. Such laws will be presumptively invalid, absent a showing by the state that the measure is necessary to achieve a compelling state interest. Held: Restricting freedom to marry solely b/c of racial classifications violates the EP.
Distinguished from Grutter - not narrowly tailored enough b/c it makes race the decisive factor, not just one factor. Test: Law must be necessary to achieve a compelling gov't interest (it must be the least restrictive means). If a law is deemed facially neutral, then must apply rational basis, unless the challenger shows disparate (discriminatory) impact AND discriminatory purpose (then apply SS). 1. Learn term:privacy rights = strict scrutiny with free interactive flashcards. AA: Sufficiently Narrowly-Tailored Means? 1. Learn vocabulary, terms, and more with flashcards, games, and other study tools. This case eliminated state power to use race as a criterion of discrimination in law and provided the national government with the power to intervene by exercising strict regulatory policies against discriminatory actions, a test used by the Supreme Court in racial discrimination cases and other cases involving civil liberties and civil rights that places the burden of proof on the government rather than on the challengers to show that the law in question is constitutional, literally, "by law"; refers to legally enforced practices, such as school segregation in the South before the 1960s, literally, "by fact"; refers to practices that occur even when there is no legal enforcement, such as school segregation in much of the United States today, the apportionment of voters in districts in such a way as to give unfair advantage to one racial or ethnic group or political party, a practice in which banks refuse to make loans to people living in certain geographic locations, a test used by the Supreme Court in gender discrimination cases that places the burden of proof partially on the government and partially on the challengers to show that the law in question is unconstitutional, government policies or programs that seek to redress past injustices against specified groups by making special efforts to provide members of those groups with access to educational and employment opportunities.
On Saturday, October 10th, we'll be doing some maintenance on Quizlet to keep things running smoothly. On Saturday, October 10th, we'll be doing some maintenance on Quizlet to keep things running smoothly. a test used by the Supreme Court in racial discrimination cases and other cases involving civil liberties and civil rights that places the burden of proof on the government rather than on the challengers to show that the law in question is constitutional ... de jure. acts, not bringing about equal results -> looks to 14th A's purpose. (e.g. Choose from 27 different sets of term:privacy rights = strict scrutiny flashcards on Quizlet. Start studying Strict Scrutiny. Quizlet will be unavailable from 4-5 PM PT. Quizlet will be unavailable from 4-5 PM PT. Divesting a mother of custody simply b/c she married a black man violates EP. economic classifications). Racial balancing is not a compelling interest, although remedying past discrimination is. 1. 1. Facts: Racial inequality in the death penalty. EP is about stopping discrim. 1. intent: If challenger proves discrim. Factors to be considered when proving discrim. Discriminatory purpose is a HIGH standard; have to do some because of purpose to disadvantage or discriminate, NOT just in spite of. the use of any unreasonable and unjust criterion of exclusion, obligation imposed on government to take positive action to protect citizens from any illegal action of government agencies and of other private citizens, provision of the Fourteenth Amendment guaranteeing citizens "the equal protection of the laws."
This clause has been the basis for the civil rights of African Americans, women, and other groups, one of three Civil War amendments; it abolished slavery, one of three Civil War amendments; it guaranteed equal protection and due process, one of three Civil War amendments; it guaranteed voting rights for African American men, laws enacted by southern states following Reconstruction that discriminated against African Americans, doctrine that public accommodations could be segregated by race but still be considered equal, the 1954 Supreme Court decision that struck down the "separate but equal" doctrine as fundamentally unequal. Such laws will be presumptively invalid, absent a showing by the state that the measure is necessary to achieve a compelling state interest. Held: Restricting freedom to marry solely b/c of racial classifications violates the EP.