Study 08 Civil Rights and Equal Protection with 12 free online flashcards. Review key terms, definitions, and concepts with this interactive flashcard deck.
How do civil rights differ from civil liberties?
Civil rights are legal guarantees of equal treatment and protection against discrimination; civil liberties primarily protect individuals from government interference with freedoms such as speech, religion, and privacy.
What did the Fourteenth Amendment establish?
The Fourteenth Amendment established national citizenship and prohibited states from denying due process or equal protection of the laws.
What is reverse incorporation?
Reverse incorporation is the principle that the Fifth Amendment’s Due Process Clause requires the federal government to meet an equal-protection requirement comparable to the Fourteenth Amendment’s limit on states.
Why is government action important in equal-protection claims?
Constitutional equal-protection claims ordinarily require government action. The Fourteenth Amendment generally does not prohibit purely private discrimination, although statutes may regulate private conduct under constitutional powers.
What areas does the Civil Rights Act of 1964 address?
The Civil Rights Act of 1964 prohibits discrimination in public accommodations, employment, federally funded programs, and other settings.
What are the three main levels of equal-protection scrutiny?
Rational-basis review asks whether a classification is rationally related to a legitimate governmental interest; intermediate scrutiny requires a substantial relation to an important objective; strict scrutiny requires narrow tailoring to a compelling interest.
What scrutiny applies to race-based classifications?
Race-based classifications receive strict scrutiny whether they burden or benefit a racial group. The government must show a compelling interest and narrow tailoring.
What did Washington v. Davis hold about disparate impact?
Under Washington v. Davis (1976), racially disproportionate impact alone generally does not establish an Equal Protection Clause violation; discriminatory purpose is ordinarily required.
What evidence can show discriminatory purpose?
Arlington Heights identified evidence such as historical background, decision sequence, departures from normal procedures, decision-makers’ statements, and disproportionate impact as relevant to proving discriminatory purpose.
What did Plessy v. Ferguson establish?
Plessy upheld government-mandated racial segregation under the “separate but equal” doctrine, reasoning that separation did not necessarily violate equal protection if facilities were supposedly equal.
What did Brown v. Board of Education hold?
Brown held that state-sponsored racial segregation in public schools violated the Equal Protection Clause because separation denied Black children equal educational opportunity and generated feelings of inferiority.
How did Shelley v. Kraemer address private housing discrimination?
Shelley held that racially restrictive housing covenants could not be enforced by state courts. Judicial enforcement transformed private discrimination into government action.