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

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

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

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

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

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

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

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

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

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

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

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

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

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.

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

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

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

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

Explanation The Bakke decision had two major components 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.

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

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

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

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

a. I only d. I, II, and III only b. II only e. II, III, and IV only 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

a. I only d. I, II, and III only b. II only e. II, III, and IV only 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

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.

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

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

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.

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

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

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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