Review Part 6

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• Review Part 6
• Civil Rights
• Equal Protection Under the Law

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• 1) Which of the following historical events
  advanced the intent of the Fourteenth Amendment?
• a. Jim Crow Laws
• b. Black codes
• c. Grandfather voting laws
• d. Literacy voting tests
• e. Civil rights acts

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• 1) Which of the following historical events
  advanced the intent of the Fourteenth Amendment?
• a. Jim Crow Laws
• b. Black codes
• c. Grandfather voting laws
• d. Literacy voting tests
• e. Civil rights acts

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• 2) Which of the following judicial principles
  reduced the impact of the Fourteenth Amendment?
• a. Separate but equal
• b. All deliberate speed
• c. Equal protection under the law
• d. Privileges and immunities of people
• e. Habeas corpus

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• 2) Which of the following judicial principles
  reduced the impact of the Fourteenth Amendment?
• a. Separate but equal
• b. All deliberate speed
• c. Equal protection under the law
• d. Privileges and immunities of people
• e. Habeas corpus

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• 3) Which of the following doctrines made the
  Bill of Rights applicable to the states?
• a. Incorporation principles
• b. Clear and present danger
• c. Separation of powers
• d. The reserved power clause
• e. The elastic clause

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• 3) Which of the following doctrines made the
  Bill of Rights applicable to the states?
• a. Incorporation principles
• b. Clear and present danger
• c. Separation of powers
• d. The reserved power clause
• e. The elastic clause

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• Explanation
• The incorporation or nationalization of the Bill
  of Rights began with civil liberty cases in the
  early part of the twentieth century. It was not
  until the Brown case that this principle began to
  apply fully to civil rights cases. Clear and
  present danger came from the Schenk case.
  Separation of powers, the reserved power clause,
  and the elastic clause are all constitutional
  principles

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• 4) All the following criteria were used to
  establish the nationalization of the Fourteenth
  Amendment EXCEPT
• a. Reasonable classification of race
• b. The national basis test
• c. The strict scrutiny test
• d. The suspect class test
• e. The police power of states

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• 4) All the following criteria were used to
  establish the nationalization of the Fourteenth
  Amendment EXCEPT
• a. Reasonable classification of race
• b. The national basis test
• c. The strict scrutiny test
• d. The suspect class test
• e. The police power of states

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• Explanation
• A compelling interest of the state such as the
  police power tends to weaken the doctrine of
  nationalization of the Bill of Rights. A major
  characteristic of incorporation stems from the
  phrase No State shall deprive persons Choices
  A through D are all tests the courts apply to
  equal protection cases

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• 5) Which of the following represents a legal
  difference between de facto and de jure
  segregation?
• a. De facto segregation has been made legal
• b. De jure segregation is legal
• c. De jure segregation is illegal based on
  Supreme Court decisions
• d. De facto segregation is supported by real
  estate agents
• e. De jure segregation was overturned by the
  Plessy v. Ferguson decision

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• 5) Which of the following represents a legal
  difference between de facto and de jure
  segregation?
• a. De facto segregation has been made legal
• b. De jure segregation is legal
• c. De jure segregation is illegal based on
  Supreme Court decisions
• d. De facto segregation is supported by real
  estate agents
• e. De jure segregation was overturned by the
  Plessy v. Ferguson decision

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• Explanation
• By definition, de jure segregation is by law and
  de facto segregation is by fact or circumstance.
  After the Brown decision, de jure segregation was
  illegal. Choice D may happen, but if it can be
  proven, it would be just as illegal as de jure
  segregation.

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• 6) Which of the following constitutional
  provisions has been used to strike down
  discrimination in public accommodations?
• a. Tenth Amendments reserved power clause
• b. Article I Section Is commerce clause
• c. First Amendments right to assemble
• d. Affirmative action laws
• e. Fifteenth Amendments suffrage clause

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• 6) Which of the following constitutional
  provisions has been used to strike down
  discrimination in public accommodations?
• a. Tenth Amendments reserved power clause
• b. Article I Section Is commerce clause
• c. First Amendments right to assemble
• d. Affirmative action laws
• e. Fifteenth Amendments suffrage clause

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• 7) A major impact of the Bakke decision was that
• a. Racial quotas were legal
• b. Racial preferences for minority groups were
  illegal
• c. Reverse discrimination based on quotas was
  legal
• d. Affirmative action programs sponsored by the
  government were illegal
• e. Affirmative action programs sponsored by the
  states were illegal

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• 7) A major impact of the Bakke decision was that
• a. Racial quotas were legal
• b. Racial preferences for minority groups were
  illegal
• c. Reverse discrimination based on quotas was
  legal
• d. Affirmative action programs sponsored by the
  government were illegal
• e. Affirmative action programs sponsored by the
  states were illegal

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• Explanation
• The Bakke decision had two major components. The
  first answered the question posed by Bakke.
  Could he be denied admission to Davis Medical
  School because of a quota? The Court, using the
  equal protection clause of the Fourteenth
  Amendment, said that quotas were illegal.
  However, the Court also ruled that racial
  preferences could be used as part of an overall
  plan when it came to schools or work.

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• 8) All the following criteria represent
  procedures used for evaluating the legitimacy of
  affirmative action programs EXCEPT
• a. A scrutiny test based on racial
  classification
• b. Affirmative action programs based strictly on
  quotas
• c. States taking action based on evidence that
  past discriminatory practice existed
• d. Affirmative action remedies must be based on
  specific remedies
• e. affirmative action programs must be based on
  narrowly tailored principles

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• 8) All the following criteria represent
  procedures used for evaluating the legitimacy of
  affirmative action programs EXCEPT
• a. A scrutiny test based on racial
  classification
• b. Affirmative action programs based strictly on
  quotas
• c. States taking action based on evidence that
  past discriminatory practice existed
• d. Affirmative action remedies must be based on
  specific remedies
• e. affirmative action programs must be based on
  narrowly tailored principles

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• 9) The history of mankind is a history of
  repeated injuries and usurpations in the past
  of man toward women.
• Which of the following documents contained this
  passage?
• a. Declaration of Sentiments and Resolutions
• b. Equal Rights Amendment
• c. Seventeenth Amendment
• d. The Feminine Mystique
• e. Title VII of the Civil Rights Act

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• 9) The history of mankind is a history of
  repeated injuries and usurpations in the past
  of man toward women.
• Which of the following documents contained this
  passage?
• a. Declaration of Sentiments and Resolutions
• b. Equal Rights Amendment
• c. Seventeenth Amendment
• d. The Feminine Mystique
• e. Title VII of the Civil Rights Act

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• 10) Which of the following furthered the cause
  of civil rights for women?
• I. The Brandeis Brief submitted in the case of
  Muller v. Oregon
• II. Title VII of the Civil Rights Act of 1964
• III. Decisions of the Court regarding the issue
  of comparable worth
• IV. Medium scrutiny standards established in
  judicial decisions
• a. I only d. I, II, and III only
• b. II only e. II, III, and IV only
• c. II and III only

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• 10) Which of the following furthered the cause
  of civil rights for women?
• I. The Brandeis Brief submitted in the case of
  Muller v. Oregon
• II. Title VII of the Civil Rights Act of 1964
• III. Decisions of the Court regarding the issue
  of comparable worth
• IV. Medium scrutiny standards established in
  judicial decisions
• a. I only d. I, II, and III only
• b. II only e. II, III, and IV only
• c. II and III only

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• Explanation
• The Brandeis Brief made the argument that there
  were inherent differences between men and women
  and convinced the Supreme Court to rule against
  the owner of a Laundromat who wanted a woman
  employee to be able to work beyond the legal
  limit set by the state of Oregon. Statements II,
  III and IV contribute to civil rights for women.
  Title VII applied to the workplace. Comparable
  worth deals with equal pay, and medium scrutiny
  is a standard used by the Court to evaluate equal
  protection issues.

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• 11) Which of the following cases helped further
  civil rights for students?
• a. Tinker v. Des Moines
• b. Hazelwood v. Kuhlmeir
• c. New Jersey v. TLO
• d. Bethel v. Frasier
• e. Cleveland Board of Education v. Lafleur

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• 11) Which of the following cases helped further
  civil rights for students?
• a. Tinker v. Des Moines
• b. Hazelwood v. Kuhlmeir
• c. New Jersey v. TLO
• d. Bethel v. Frasier
• e. Cleveland Board of Education v. Lafleur

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• Explanation
• Even though choices B, C and D all deal with
  students, the outcome and significance of those
  cases weakened the doctrine established in Tinker
  that student rights are not shed at the
  schoolhouse gates.

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• 12) Discrimination in the workplace has been
  made illegal by all the following EXCEPT
• a. Civil Rights Act of 1964
• b. Supreme Court decision in Craig v. Boren
• c. Supreme Court decision in Dothard v.
  Rawlinson
• d. Supreme Court decision in UAW v. Johnson
• e. Passage of Proposition 187

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• 12) Discrimination in the workplace has been
  made illegal by all the following EXCEPT
• a. Civil Rights Act of 1964
• b. Supreme Court decision in Craig v. Boren
• c. Supreme Court decision in Dothard v.
  Rawlinson
• d. Supreme Court decision in UAW v. Johnson
• e. Passage of Proposition 187

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• Explanation
• This question requires a knowledge of the
  decisions made in specific cases as well as the
  content of the Civil Rights Act and Proposition
  187. Proposition 187, a voter initiative, took
  away state social services for illegal aliens in
  California.

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• The End