Government in America People Politics And Policy 16th Edition by George C. Edwards - Test Bank

Government in America People Politics And Policy 16th Edition by George C. Edwards – Test Bank

 

Instant Download – Complete Test Bank With Answers

 

 

Sample Questions Are Posted Below

 

5

 

Civil Rights and Public Policy

 

 

p Multiple-Choice Questions

 

 

1. The Thirteenth Amendment bans slavery. When was it passed?

 

1. when the South seceded from the Union
2. during the Civil War
3. immediately after the Civil War
4. immediately after Reconstruction
5. during the civil rights movement

 

Answer: c

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Remember the Facts

Topic: Civil Rights

 

2. The Fourteenth Amendment attempted to guarantee which of the following to former slaves?

 

1. forty acres of farmland and a mule
2. free university education
3. economic equality with whites
4. citizenship rights
5. debt forgiveness

 

Answer: d

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Remember the Facts

Topic: Civil Rights

 

3. The provision of the Fourteenth Amendment that prohibits any state from denying any person within its jurisdiction “the equal protection of the laws” is known as the __________ clause.

 

1. due process
2. jurisdiction
3. grandfather
4. equal protection
5. privileges and immunities

 

Answer: d

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Remember the Facts

Topic: Civil Rights

 

4. The Fifteenth Amendment guarantees citizens the right to vote regardless of __________.

 

1. race
2. gender
3. age
4. property ownership
5. involvement in insurrection

 

Answer: a

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Remember the Facts

Topic: Civil Rights

 

5. What was the objective of the women’s suffrage movement?

 

1. the right to an abortion
2. the right to own property
3. equal pay for equal worth
4. the right to vote
5. broad gender equality

 

Answer: d

Page Reference: pp. 170–175

A-head: The Rights of Women

Learning Objective: Edwards L.O. 5.4

Skill Level: Remember the Facts

Topic: Civil Rights

 

6. When did women win the guaranteed right to vote?

 

1. when the Constitution was adopted
2. during the Civil War
3. immediately after the Civil War
4. at the same time that black males won the right to vote
5. decades after black males won the right to vote

 

Answer: e

Page Reference: pp. 170–175

A-head: The Rights of Women

Learning Objective: Edwards L.O. 5.4

Skill Level: Remember the Facts

Topic: Civil Rights

 

7. Which of these does the Civil Rights Act of 1964 ban?

 

1. poll taxes and grandfather clauses
2. discrimination in public accommodations
3. affirmative action
4. discrimination based on sexual orientation
5. nonviolent resistance

 

Answer: b

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Remember the Facts

Topic: Civil Rights

 

8. The civil rights movement pushed for racial equality. When did this movement begin?

 

1. immediately after the Civil War
2. during Reconstruction
3. during the early 1900s
4. in the 1950s
5. after passage of the Equal Rights Amendment

 

Answer: d

Page Reference: pp. 152–155

A-head: Chapter 5 Introduction

Learning Objective: Chapter 5 Introduction

Skill Level: Remember the Facts

Topic: Civil Rights

 

9. What was the primary focus at the 1848 Seneca Falls Convention for activists like Elizabeth Cady Stanton, Susan B. Anthony, and Lucretia Mott?

 

1. the prohibition of alcohol
2. women’s rights
3. rights for former slaves
4. ending the Civil War
5. the New Deal

 

Answer: b

Page Reference: pp. 170–175

A-head: The Rights of Women

Learning Objective: Edwards L.O. 5.4

Skill Level: Remember the Facts

Topic: Civil Rights

 

10. What did Jim Crow laws mandate?

 

1. voting rights
2. racial segregation
3. poll taxes
4. grandfather clauses
5. black codes

 

Answer: b

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Remember the Facts

Topic: Civil Rights

 

11. What was Reconstruction?

 

1. the struggle for newly freed slaves to gain the right to vote, especially in the South
2. the gradual elimination of both Black Codes and Jim Crow laws
3. the refusal of Southern states to abide by the Fourteenth Amendment until forced to do so by the Supreme Court
4. the period after the Civil War when the South was occupied by the federal government
5. the period between the passage of the Fourteenth Amendment and the enactment of the Civil Rights Act of 1964

 

Answer: d

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Remember the Facts

Topic: Civil Rights

 

12. The Tailhook Association’s 1991 convention became notorious for __________.

 

1. discrimination against African Americans
2. racial profiling
3. voter protection policies
4. sexual harassment
5. gerrymandering

 

Answer: d

Page Reference: pp. 170-175

A-head: The Rights of Women

Learning Objective: Edwards L.O. 5.4

Skill Level: Remember the Facts

Topic: Civil Rights

 

13. Women were guaranteed the right to vote by __________.

 

1. Korematsu v. United States
2. Reed v. Reed
3. the Nineteenth Amendment
4. the 1964 Civil Rights Act
5. the 1965 Voting Rights Act

 

Answer: c

Page Reference: pp. 170–175

A-head: The Rights of Women

Learning Objective: Edwards L.O. 5.4

Skill Level: Remember the Facts

Topic: Civil Rights

 

14. Who had to pay poll taxes?

 

1. winning candidates
2. losing candidates
3. county clerks
4. voters
5. nonvoters

 

Answer: d

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Remember the Facts

Topic: Civil Rights

 

15. In Regents of the University of California v. Bakke (1978), the Supreme Court determined that __________ were unconstitutional.

 

1. poll taxes
2. grandfather clauses
3. all forms of affirmative action
4. Jim Crow laws
5. racial quotas

 

Answer: e

Page Reference: pp. 180–183

A-head: Affirmative Action

Learning Objective: Edwards L.O. 5.6

Skill Level: Remember the Facts

Topic: Civil Rights

 

16. Rosa Parks was arrested for challenging which of the following?

 

1. poll taxes
2. grandfather clauses
3. segregation laws
4. slavery
5. integration

 

Answer: c

Page Reference: pp. 152–155

A-head: Chapter 5 Introduction

Learning Objective: Chapter 5 Introduction

Skill Level: Remember the Facts

Topic: Civil Rights

 

17. In Dred Scott v. Sandford, the Supreme Court declared that African-Americans were __________.

 

1. free
2. citizens
3. eligible to vote
4. chattel
5. separate but equal

 

Answer: d

Page Reference: pp. 158-165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Remember the Facts

Topic: Civil Rights

 

18. In Santa Clara Pueblo v. Martinez (1978), the Supreme Court did which of the following?

 

1. strengthened the tribal power of individual tribe members and furthered Indian self-government
2. declared that Indian tribes have a status similar to that of states
3. strengthened tribal power so that Indian tribes have a status similar to that of counties
4. declared that Indian tribes would have the same status as towns or townships
5. strengthened the position of Indian tribes by making them equal to incorporated businesses

 

Answer: a

Page Reference: pp. 165–170

A-head: The Rights of Other Minority Groups

Learning Objective: Edwards L.O. 5.3

Skill Level: Understand the Concepts

Topic: Civil Rights

 

19. What did the Supreme Court determine was unconstitutional in Brown v. Board of Education?

 

1. integrated schools
2. poll taxes
3. segregation of schools
4. unequal school funding
5. school busing

 

Answer: c

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Understand the Concepts

Topic: Civil Rights

 

20. The freedom riders used civil disobedience to help end which form of discrimination in the South?

 

1. lynchings by the Ku Klux Klan
2. racial segregation
3. discrimination against black women
4. lack of access to voting polls
5. racial quotas

 

Answer: b

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Understand the Concepts

Topic: Civil Rights

 

21. What provision of the Fourteenth Amendment serves as a cornerstone of our understanding of civil rights?

 

1. the all men are created equal clause
2. the equal protection clause
3. the privileges and immunities clause
4. the Equal Rights Amendment
5. the grandfather clause

 

Answer: b

Page Reference: pp. 155–157

A-head: The Struggle for Equality

Learning Objective: Edwards L.O. 5.1

Skill Level: Understand the Concepts

Topic: Civil Rights

 

22. During the ten years after the Civil War, the strict conditions imposed by Congress on the former Confederate states about who could be seated as representatives and senators allowed which of the following to happen?

 

1. Most African American men were banned from political offices because they came from southern states.
2. Many African American men were allowed to hold state and federal offices in the North, but were banned from offices in the South because of segregation laws.
3. A few African American men began to run for state and federal offices, but most were not successful.
4. Some African American men and women held state and federal offices.
5. Many African American men held state and federal offices.

 

Answer: e

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Understand the Concepts

Topic: Civil Rights

 

23. What did the Supreme Court decide in Korematsu v. United States (1944) regarding the internment of those with Japanese ancestry living in the United States?

 

1. It was permissible because the United States was at war with Japan.
2. It was permissible because it only applied to noncitizens.
3. It did not pass the inherently suspect test, and the internment was promptly terminated.
4. It was unconstitutional, but it was too late to do anything about it.
5. It was unconstitutional, and Japanese Americans must be duly compensated.

 

Answer: a

Page Reference: pp. 165–170

A-head: The Rights of Other Minority Groups

Learning Objective: Edwards L.O. 5.3

Skill Level: Understand the Concepts

Topic: Civil Rights

 

24. What strategy did the National Association for the Advancement of Colored People (NAACP) use most effectively to advance civil rights for African Americans?

 

1. boycotts
2. protests
3. litigation
4. nonviolent resistance
5. marches and rallies

 

Answer: c

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Understand the Concepts

Topic: Civil Rights

 

25. What was the basis for the Supreme Court’s decision in Plessy v. Ferguson (1896) that upheld the constitutionality of a state law requiring segregated railroad facilities?

 

1. Former slaves are not entitled to full citizenship rights because they did not immigrate to the United States willingly.
2. Former slaves are not entitled to full citizenship rights because they were considered property under the law.
3. The Constitution does not prohibit segregation; it only mandates equal protection under the law.
4. Railroad transportation involves interstate commerce, which is regulated by Congress; there is no provision in federal law that prohibits segregation.
5. Each state has the right to interpret the Constitution as it sees fit, as long as the interpretation is “reasonable and without malice.”

 

Answer: c

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Understand the Concepts

Topic: Civil Rights

 

26. The Supreme Court’s decision in Lawrence v. Texas (2003) primarily enhanced the civil liberties of __________.

 

1. African Americans
2. Asians
3. American Indians
4. gays and lesbians
5. disabled Americans

 

Answer: d

Page Reference: pp. 175–179

A-head: Other Groups Active Under the Civil Rights Umbrella

Learning Objective: Edwards L.O. 5.5

Skill Level: Understand the Concepts

Topic: Civil Rights

 

27. In the South after Reconstruction, what did the Democratic Party use to prevent African Americans from having a meaningful impact on the outcome of elections?

 

1. Jim Crow laws
2. whites-only primaries
3. majority-minority districts
4. de facto segregation/discrimination
5. affirmative action

 

Answer: b

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Understand the Concepts

Topic: Civil Rights

 

28. Why do two equally important basic principles of democracy, individual liberty and equality, sometimes conflict with each other?

 

1. When everyone has individual liberty, those who have less will strive for equality with those who have more, thus creating a social struggle.
2. Equality tends to favor majority rule, which can conflict with individual liberties.
3. If everyone is equal and two groups want different things, then individual liberties have to be set aside for one group to win.
4. Equality tends to favor minorities, which can cause conflicts with the individual liberties of the majority.
5. Individual liberty tends to favor the majority, which may deny equality to minority citizens.

 

Answer: b

Page Reference: pp. 183–185

A-head: Understanding Civil Rights and Public Policy

Learning Objective: Edwards L.O. 5.7

Skill Level: Understand the Concepts

Topic: Civil Rights

 

29. What is the source of de facto segregation and discrimination?

 

1. practice
2. law
3. the Constitution
4. Congress
5. affirmative action

 

Answer: a

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Understand the Concepts

Topic: Civil Rights

 

30. Which of the following is an accurate statement about the “Don’t Ask, Don’t Tell” policy?

 

1. Barack Obama initiated the policy as a goodwill gesture to the gay and lesbian community.
2. It prevented gays and lesbians from serving in the military.
3. It required gay and lesbian soldiers to keep quiet about their sexual orientation.
4. It prevented the military from discharging gay and lesbian soldiers.
5. It prohibited gay and heterosexual soldiers from discussing their sexual activity.

 

Answer: c

Page Reference: pp. 175–179

A-head: Other Groups Active Under the Civil Rights Umbrella

Learning Objective: Edwards L.O. 5.5

Skill Level: Understand the Concepts

Topic: Civil Rights

 

31. Which of the following was a common critique given by opponents of the Equal Rights Amendment?

 

1. It was a threat to the American family.
2. African Americans were never intended to have full citizenship rights.
3. Foreign-language ballots discourage efforts to learn English.
4. Equality existed in action, so an amendment was redundant.
5. It did not go far enough to protect women’s rights.

 

Answer: a

Page Reference: pp. 170–175

A-head: The Rights of Women

Learning Objective: Edwards L.O. 5.4

Skill Level: Understand the Concepts

Topic: Civil Rights

 

32. The National Association for the Advancement of Colored People (NAACP) is most likely to fight to reduce which of the following?

 

1. racism
2. affirmative action
3. sexism
4. sodomy
5. job training programs

 

Answer: a

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Understand the Concepts

Topic: Civil Rights

 

33. The history of which of the following groups demonstrates that politically and socially powerful minorities can suppress majorities as well as other minorities?

 

1. women
2. Native Americans
3. people with disabilities
4. African Americans
5. gays and lesbians

 

Answer: a

Page Reference: pp. 183–185

A-head: Understanding Civil Rights and Public Policy

Learning Objective: Edwards L.O. 5.7

Skill Level: Understand the Concepts

Topic: Civil Rights

 

34. The Civil Rights Act of 1964 was designed to overturn which of the following?

 

1. integration
2. Jim Crow laws
3. nonviolent resistance
4. the Fifteenth Amendment
5. Reconstruction

 

Answer: b

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Understand the Concepts

Topic: Civil Rights

 

35. In Adarand Constructors v. Pena, the Supreme Court determined the standard by which affirmative action policies should be evaluated. What standard did they use?

 

1. Affirmative action policies must be scrutinized using the same suspect standard that is used for other policies classifying people by race.
2. Affirmative action policies are subject to an intermediate standard whereby they are presumed to be permissible.
3. Affirmative action policies must be broadly tailored to accomplish a compelling government interest.
4. Affirmative action policies must be crafted so as to be reasonable for accomplishing a legitimate government goal.
5. Affirmative action policies must be designed to address past discrimination without taking into account race, ethnicity, religion, or creed.

 

Answer: a

Page Reference: pp. 180–183

A-head: Affirmative Action

Learning Objective: Edwards L.O. 5.6

Skill Level: Understand the Concepts

Topic: Civil Rights

 

36. According to Figure 5.2, in which of the following states are minorities most underrepresented?

 

1. Maine
2. Texas
3. California
4. Georgia
5. Illinois

 

Answer: a

Page Reference: pp. 165-170

A-head: The Rights of Other Minority Groups

Learning Objective: Edwards L.O. 5.3

Skill Level: Understand the Concepts

Topic: Civil Rights

 

37. If a group of people were systematically discriminated against in the past, which of the following would constitute an affirmative action policy designed as a remedy to help the members of this group overcome the legacy of discrimination?

 

1. a hiring policy that favors those with relatives working in government
2. a college admissions policy that gives preferential treatment to members of the group
3. a color-blind job application process to give members of this group an equal chance
4. a policy that gives extra weight to votes cast by members of the group
5. requiring all applicants for government jobs to have at least two years of prior experience

 

Answer: b

Page Reference: pp. 180–183

A-head: Affirmative Action

Learning Objective: Edwards L.O. 5.6

Skill Level: Apply What You Know

Topic: Civil Rights

 

38. Which of the following accommodations would an employer most likely have to make to be in compliance with the Americans with Disabilities Act?

 

1. hiring a disabled person instead of an equally qualified person without a disability
2. providing better medical insurance for employees who have a disability
3. lowering expectations for the quality of work performed by employees with disabilities
4. ensuring that employees who use a wheelchair have jobs that shield them from public contact
5. installing a ramp and other physical accommodations for someone who uses a wheelchair

 

Answer: e

Page Reference: pp. 175–179

A-head: Other Groups Active Under the Civil Rights Umbrella

Learning Objective: Edwards L.O. 5.5

Skill Level: Apply What You Know

Topic: Civil Rights

 

39. Under the Civil Rights Cases (1883) ruling in which the Supreme Court voided a law barring African Americans from serving on juries, in which of the following situations would racial discrimination also have been illegal?

 

1. segregation in a church
2. refusal of a restaurant owner to serve a black person
3. a company boss refusing to promote an African American
4. a hotel owner’s refusal to rent a room to an African American
5. the refusal to let an African American man run for public office

 

Answer: e

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Apply What You Know

Topic: Civil Rights

 

40. For which of the following would the Supreme Court most likely apply an “intermediate scrutiny” standard of review to determine whether the policy is an unconstitutional violation of the equal protection clause?

 

1. preventing whites from attending schools designed to serve African American students
2. prohibiting Jewish people from becoming members of a club
3. refusing to promote a Latino woman when she is the most qualified of candidates
4. requiring government contractors to have a racially diverse workforce
5. having different minimum ages for men and women to marry

 

Answer: e

Page Reference: pp. 155–157

A-head: The Struggle for Equality

Learning Objective: Edwards L.O. 5.1

Skill Level: Apply What You Know

Topic: Civil Rights

 

41. Of the following people, who could serve in the military under the “Don’t Ask, Don’t Tell” policy?

 

1. all gays and lesbians
2. gays but not lesbians
3. lesbians but not gays
4. only those who were straight
5. closeted gays and lesbians

 

Answer: e

Page Reference: pp. 175–179

A-head: Other Groups Active Under the Civil Rights Umbrella

Learning Objective: Edwards L.O. 5.5

Skill Level: Apply What You Know

Topic: Civil Rights

 

42. In the 1857 Scott v. Sandford decision, an important milestone on the road to Civil War, the Supreme Court held which of the following?

 

1. A free black man had rights, but a slave did not, and Congress had no power to ban slavery in any territory.
2. Black men were to be allowed certain rights, whether they were free or were slaves, and Congress had a right to ban slavery in western territories.
3. A black man, whether slave or free, had no rights, and Congress had no power to ban slavery in western territories.
4. Free black men had certain rights, but slaves did not, and Congress had the power to ban slavery, but only in the western territories.
5. No black men were to be accorded any rights until Congress had banned slavery, which it had the power to do but had not yet done.

 

Answer: c

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Apply What You Know

Topic: Civil Rights

 

43. Which of the following is an example of de jure segregation?

 

1. Jim Crow laws
2. the tendency for churches to be racially homogeneous
3. the small number of African American senators
4. sequestering the jury in order to ensure a fair trial
5. Title IX legislation

 

Answer: a

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Apply What You Know

Topic: Civil Rights

 

44. Which of the following affirmative action programs would be a clear violation of the Supreme Court’s decision in Regents of the University of California v. Bakke (1978)?

 

1. considering race as a factor in university admissions decisions
2. considering how an applicant would contribute to the diversity of the university
3. considering applicants’ academic and extracurricular achievements
4. admitting some minority applicants with lower academic achievement than some rejected white applicants
5. setting aside a certain percentage of admissions slots for African American students

 

Answer: e

Page Reference: pp. 180–183

A-head: Affirmative Action

Learning Objective: Edwards L.O. 5.6

Skill Level: Apply What You Know

Topic: Civil Rights

 

45. Which of the following laws would be the most likely to be reviewed under the “intermediate scrutiny” standard by the Supreme Court when determining its constitutionality?

 

1. Government contracts must be awarded to a contractor who is a racial minority whenever at least 10 percent of the bidders are minority-owned businesses.
2. Businesses cannot discriminate against gays and lesbians in hiring and promotion decisions.
3. Those without a college degree are not eligible for upper-level civil service jobs.
4. African Americans and whites must be given equal access to the public school system, including extracurricular activities.
5. Male and female student athletes cannot compete on the same basketball team at the university level.

 

Answer: e

Page Reference: pp. 155–157

A-head: The Struggle for Equality

Learning Objective: Edwards L.O. 5.1

Skill Level: Apply What You Know

Topic: Civil Rights

 

46. Which of the following situations would most likely be a violation of Title IX?

 

1. an election jurisdiction that does not provide bilingual ballots when there is a large bilingual community
2. a legal prohibition on hiring women for positions that are known to be hazardous to women’s reproductive health
3. a college that spends significantly more on sports programs for men than for women
4. job applications that are not made accessible to the blind
5. an employer who systematically pays women less than men for doing comparable work

 

Answer: c

Page Reference: pp. 170–175

A-head: The Rights of Women

Learning Objective: Edwards L.O. 5.4

Skill Level: Apply What You Know

Topic: Civil Rights

 

47. If you thought you were getting an inferior public education because of your ethnicity, which part of the Constitution would you rely on most heavily to justify your case?

 

1. the First Amendment
2. the Thirteenth Amendment
3. the Fourteenth Amendment
4. the Nineteenth Amendment
5. the Equal Rights Amendment

 

Answer: c

Page Reference: pp. 155–157

A-head: The Struggle for Equality

Learning Objective: Edwards L.O. 5.1

Skill Level: Apply What You Know

Topic: Civil Rights

 

48. Based on the Supreme Court’s decision in Reed v. Reed, which of the following laws would most likely be overturned?

 

1. Twenty percent of university admissions slots are reserved for Latinos.
2. Police officers must retire at seventy years old.
3. Men can vote at seventeen years of age; women cannot vote until eighteen.
4. Pilots must have perfect vision to receive a license.
5. Male gym teachers cannot enter the women’s locker room; female gym teachers cannot enter the men’s locker room.

 

Answer: c

Page Reference: pp. 170-175

A-head: The Rights of Women

Learning Objective: Edwards L.O. 5.4

Skill Level: Application

Topic: Civil Rights

 

49. What is the definition of suffrage?

 

1. the legal right to vote
2. the right of African Americans to vote
3. women’s right to vote
4. the right of Native Americans to vote
5. the right of Hispanic Americans to vote

 

Answer: a

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Analyze It

Topic: Civil Rights

 

50. How has the Equal Rights Amendment affected women’s civil rights?

 

1. It has ensured that men and women are treated equally in the workplace.
2. It has ensured that the courts evaluate gender discrimination using the inherently suspect test.
3. It has eliminated gender discrimination in the military.
4. It solidified the civil rights women had earlier won through legal victories.
5. It has had little effect because it was not formally adopted.

 

Answer: e

Page Reference: pp. 170–175

A-head: The Rights of Women

Learning Objective: Edwards L.O. 5.4

Skill Level: Analyze It

Topic: Civil Rights

 

51. What is the status of affirmative action in college admissions after the Supreme Court decisions in the two cases involving the University of Michigan, Gratz v. Bollinger (2003) and Grutter v. Bollinger (2003)?

 

1. Affirmative action policies are generally permissible, but they cannot involve race-based quotas or numerical point systems.
2. Affirmative action policies are assumed to be unconstitutional unless the university can demonstrate the need to promote racial tolerance.
3. Affirmative action policies are assumed to be constitutional unless an applicant can demonstrate that race affected the admissions decision.
4. Affirmative action policies must ensure that all racial and ethnic groups are represented in accordance with the population of the nation as a whole.
5. All forms of affirmative action are unconstitutional because they unfairly favor some people over others based on the color of their skin.

 

Answer: a

Page Reference: pp. 180–183

A-head: Affirmative Action

Learning Objective: Edwards L.O. 5.6

Skill Level: Analyze It

Topic: Civil Rights

 

52. How might the Supreme Court decisions about Japanese internment in Korematsu v. United States (1944) and segregated railroad facilities in Plessy v. Ferguson (1896) be viewed as being similar?

 

1. Both decisions upheld important constitutional principles.
2. Both decisions were positive turning points in the history of American jurisprudence.
3. Both decisions hindered the civil rights of racial or ethnic majorities.
4. Both decisions were important early victories in the struggle for civil rights.
5. Both decisions were troubling missed opportunities for the Supreme Court to protect civil rights.

 

Answer: e

Page Reference: pp. 158–165; pp. 165–170

A-head: African Americans’ Civil Rights; The Rights of Other Minority Groups

Learning Objective: Edwards L.O. 5.2; 5.3

Skill Level: Analyze It

Topic: Civil Rights

 

53. Why did southern states enact poll taxes?

 

1. to raise revenue for the government
2. to ensure that only people who really want to vote would do so
3. to get around the Fifteenth Amendment
4. to enfranchise former slaves
5. because literacy is necessary for democracy to function

 

Answer: c

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Analyze It

Topic: Civil Rights

 

54. Why did Congress pass the Voting Rights Act of 1965?

 

1. in order to facilitate the prosecution of those who had restricted the voting rights of African Americans
2. because it was clear that the South had no intention of living up to the spirit of the Fifteenth Amendment
3. because Congress was afraid the Reverend Martin Luther King Jr. would lead a boycott of white businesses if the legislation was not passed
4. to prevent the race riots from spreading from African American neighborhoods into traditionally white neighborhoods
5. the Supreme Court had determined that only the national government could regulate elections

 

Answer: b

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Analyze It

Topic: Civil Rights

 

55. How are the Fourteenth Amendment and the Civil Rights Act of 1964 similar?

 

1. They both were enacted quickly and easily.
2. They both passed the inherently suspect test administered by the Supreme Court.
3. They were both based on Congress’s power to regulate interstate commerce.
4. They both sought equal rights for women.
5. They both sought equal rights for African Americans.

 

Answer: e

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Analyze It

Topic: Civil Rights

 

56. In the standards of review used to determine whether a policy is an unconstitutional violation of the equal protection clause, how do the “inherently suspect” and “reasonableness” standards differ?

 

1. The inherently suspect standard requires the person challenging it to prove that there is no rational relationship to a legitimate governmental goal, while the reasonableness standard requires the person challenging it to prove the policy does not accomplish a compelling governmental purpose.
2. Under the reasonableness standard, courts presume the rule maker is being reasonable so the burden is on the challenger to prove the policy is arbitrary, while under the inherently suspect standard, courts presume the rule maker is being reasonable and consider the challenge to be inherently suspect.
3. The inherently suspect standard applies to a broader array of classifications than the reasonableness standard.
4. Under the inherently suspect standard, courts presume the policy is invalid and the burden is on the rule maker to prove the policy serves a compelling public interest, while under the reasonableness standard, courts defer to the rule maker unless the person challenging the policy can prove it is arbitrary rather than reasonable.
5. Those who challenge a policy will have an easier time getting it overturned if the courts apply the reasonableness standard than if they use the inherently suspect standard.

 

Answer: d

Page Reference: pp. 155–157

A-head: The Struggle for Equality

Learning Objective: Edwards L.O. 5.1

Skill Level: Analyze It

Topic: Civil Rights

 

57. What was the Supreme Court’s justification for overturning the separate-but-equal doctrine?

 

1. The Supreme Court did not have all of the facts when it adopted the separate-but-equal doctrine.
2. The separate-but-equal doctrine was never intended to apply to people.
3. The quality of life for African Americans in the South had deteriorated considerably since the adoption of the separate-but-equal doctrine.
4. The Supreme Court needed to step in because the South had been unwilling to segregate educational facilities as required by Plessy v. Ferguson.
5. Segregated schools stigmatize minority children and are inherently unequal.

 

Answer: e

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Analyze It

Topic: Civil Rights

 

58. Which of the following arguments would most likely be made by an opponent of affirmative action policies?

 

1. Affirmative action helps to compensate for past discrimination.
2. Discrimination is a natural part of the human experience.
3. Affirmative action discriminates on the basis of race.
4. Diversity helps Americans better understand each other.
5. Unaddressed past discrimination causes perpetual inequality.

 

Answer: c

Page Reference: pp. 180–183

A-head: Affirmative Action

Learning Objective: Edwards L.O. 5.6

Skill Level: Analyze It

Topic: Civil Rights

 

59. What rationale did the Supreme Court rely on in deciding that Jim Crow laws were not unconstitutional?

 

1. Segregation in public facilities was not unconstitutional as long as the separate facilities were substantially equal.
2. Segregation was important for maintaining social order, a prerequisite for racial equality.
3. Jim Crow laws helped African Americans to achieve equality by building character through overcoming adversity.
4. The equal protection clause applied only to the actions of the federal government, not to actions of private businesses and individuals.
5. Equal protection was a social equality standard and did not imply legal or political equality.

 

Answer: a

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Analyze It

Topic: Civil Rights

 

60. Why was bussing necessary for integrating some public schools?

 

1. Some whites refuse to attend schools with African Americans.
2. Freedom riders prevented many African Americans from integrating Southern schools.
3. Black codes had required schools be built away from population centers.
4. De jure segregation existed even after Brown v. Board of Education.
5. De facto segregation existed even after Brown v. Board of Education.

 

Answer: e

Page Reference: pp. 158-165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Analyze It

Topic: Civil Rights

 

 

p True-False Questions

 

 

61. The civil rights movement used tactics such as sit-ins, marches, and civil disobedience to advance equal opportunities in the political and economic sectors.

 

Answer: TRUE

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Remember the Facts

Topic: Civil Rights

 

62. The Supreme Court has affirmed the right of consenting adults to engage in private sexual activity.

 

Answer: TRUE

Page Reference: pp. 175–179

A-head: Other Groups Active Under the Civil Rights Umbrella

Learning Objective: Edwards L.O. 5.5

Skill Level: Remember the Facts

Topic: Civil Rights

 

63. Title IX of the Education Amendments of 1972 has expanded educational and sports opportunities for women students.

 

Answer: TRUE

Page Reference: pp. 170–175

A-head: The Rights of Women

Learning Objective: Edwards L.O. 5.4

Skill Level: Remember the Facts

Topic: Civil Rights

 

64. Many states currently use the white primary as a form of affirmative action for electoral politics.

 

Answer: FALSE

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Remember the Facts

Topic: Civil Rights

 

65. In Plessy v. Ferguson, the Supreme Court overturned the separate-but-equal doctrine that the Court had established in Brown v. Board of Education.

 

Answer: FALSE

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Remember the Facts

Topic: Civil Rights

 

66. Reconstruction was the era of racial healing that followed the civil rights movement.

 

Answer: FALSE

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Remember the Facts

Topic: Civil Rights

 

67. The freedom riders attempted to prevent civil rights activists from integrating the South.

 

Answer: FALSE

Page Reference: pp. 158-165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Remember the Facts

Topic: Civil Rights

 

68. The Supreme Court has prohibited school districts from using race when determining which students will attend which schools.

 

Answer: TRUE

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Understand the Concepts

Topic: Civil Rights

 

69. Even though the Hispanic population is fairly small, they earned their civil rights earlier and more completely than did African Americans.

 

Answer: FALSE

Page Reference: pp. 175–179

A-head: Other Groups Active Under the Civil Rights Umbrella

Learning Objective: Edwards L.O. 5.5

Skill Level: Understand the Concepts

Topic: Civil Rights

 

70. Since the 1950s, the Supreme Court has gradually eliminated virtually all de facto segregation and discrimination in the United States.

 

Answer: FALSE

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Understand the Concepts

Topic: Civil Rights

 

71. The Indian Bill of Rights that was adopted as part of the Civil Rights Act of 1968 declared that the Constitution’s Bill of Rights applies only to Indian individuals, not to Indian tribes or tribal governments.

 

Answer: FALSE

Page Reference: pp. 165–170

A-head: The Rights of Other Minority Groups

Learning Objective: Edwards L.O. 5.3

Skill Level: Understand the Concepts

Topic: Civil Rights

 

72. According to the “America in Perspective” feature box, the percentage of Americans who believe it is very important to protect minority rights is higher than the percentage of citizens from any other democracy supporting those rights.

 

Answer: FALSE

Page Reference: pp. 183-185

A-head: Understanding Civil Rights and Public Policy

Learning Objective: Edwards L.O. 5.7

Skill Level: Understand the Concepts

Topic: Civil Rights

 

73. The passage of the Equal Rights Amendment has helped ensure women’s equality in the workplace.

 

Answer: FALSE

Page Reference: pp. 170–175

A-head: The Rights of Women

Learning Objective: Edwards L.O. 5.4

Skill Level: Apply What You Know

Topic: Civil Rights

 

74. The admissions office at a public university could likely establish a permissible affirmative action policy that awards minority students by bumping up their SAT score by 100 points.

 

Answer: FALSE

Page Reference: pp. 180–183

A-head: Affirmative Action

Learning Objective: Edwards L.O. 5.6

Skill Level: Apply What You Know

Topic: Civil Rights

 

75. Gender classifications are evaluated by the Supreme Court using the “inherently suspect” standard to ensure that they are necessary to serve a compelling public interest and that they are the only way to accomplish that goal.

 

Answer: FALSE

Page Reference: pp. 155–157

A-head: The Struggle for Equality

Learning Objective: Edwards L.O. 5.1

Skill Level: Apply What You Know

Topic: Civil Rights

 

 

p Fill-in-the-Blank Questions

 

 

76. The __________ Amendment guarantees African Americans the right to vote.

 

Answer: Fifteenth

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Remember the Facts

Topic: Civil Rights

 

77. Brown v. Board of Education overturned the __________ doctrine.

 

Answer: separate-but-equal

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Remember the Facts

Topic: Civil Rights

 

78. The __________ was enacted in 1990 and is designed to protect the civil rights of disabled Americans.

 

Answer: Americans with Disabilities Act

Page Reference: pp. 180–183

A-head: Affirmative Action

Learning Objective: Edwards L.O. 5.6

Skill Level: Remember the Facts

Topic: Civil Rights

 

79. Although the __________ voided a law barring blacks from serving on juries, it held that private businesses and individuals were not prohibited from racial discrimination.

 

Answer: Civil Rights Cases

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Remember the Facts

Topic: Civil Rights

 

80. The focus of the __________ was to establish women’s right to vote.

 

Answer: women’s suffrage movement

Page Reference: pp. 170–175

A-head: The Rights of Women

Learning Objective: Edwards L.O. 5.4

Skill Level: Remember the Facts

Topic: Civil Rights

 

81. Jim Crow laws required __________ of African Americans and whites.

 

Answer: segregation

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Remember the Facts

Topic: Civil Rights

 

82. In Korematsu v. U.S., the Supreme Court upheld the use of __________ for Japanese Americans.

 

Answer: internment camps

Page Reference: pp. 165-170

A-head: The Rights of Other Minority Groups

Learning Objective: Edwards L.O. 5.3

Skill Level: Remember the Facts

Topic: Civil Rights

 

83. Rosa Parks’s refusal to give up her seat on a public bus was an act of __________ that led to the Montgomery Bus Boycott.

 

Answer: civil disobedience or nonviolent resistance

Page Reference: pp. 152–155

A-head: Chapter 5 Introduction

Learning Objective: Chapter 5 Introduction

Skill Level: Understand the Concepts

Topic: Civil Rights

 

84. In 1964, Congress passed the __________ to help keep the promise of the Fourteenth Amendment.

 

Answer: Civil Rights Act

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Understand the Concepts

Topic: Civil Rights

 

85. __________ programs are designed to help remedy continued inequality by giving special treatment to members of previously discriminated-against groups.

 

Answer: Affirmative action

Page Reference: pp. 180–183

A-head: Affirmative Action

Learning Objective: Edwards L.O. 5.6

Skill Level: Understand the Concepts

Topic: Civil Rights

 

86. The Twenty-Fourth Amendment eliminated the use of __________ in a federal election.

 

Answer: poll taxes

Page Reference: pp. 158-165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Understand the Concepts

Topic: Civil Rights

 

87. The Supreme Court’s decision in Korematsu v. United States (1944) upheld the U.S. government’s internment of __________ in camps that critics claimed were basically concentration camps.

 

Answer: Japanese Americans

Page Reference: pp. 165–170

A-head: The Rights of Other Minority Groups

Learning Objective: Edwards L.O. 5.3

Skill Level: Understand the Concepts

Topic: Civil Rights

 

88. The constitutionality of a law establishing a public elementary school open only to African American students from poor neighborhoods would be determined by the Supreme Court’s application of the __________ standard of review.

 

Answer: inherently suspect

Page Reference: pp. 155–157

A-head: The Struggle for Equality

Learning Objective: Edwards L.O. 5.1

Skill Level: Apply What You Know

Topic: Civil Rights

 

89. Because of the Supreme Court’s decision in Regents of the University of California v. Bakke, an affirmative action program that uses racial __________ would likely be deemed unconstitutional.

 

Answer: quotas

Page Reference: pp. 180–183

A-head: Affirmative Action

Learning Objective: Edwards L.O. 5.6

Skill Level: Apply What You Know

Topic: Civil Rights

 

90. If a city in which children traditionally attended schools near their homes instituted busing because one school was located in the center of a low-income neighborhood that was predominately African American, the city would be trying to eliminate __________.

 

Answer: de facto segregation or discrimination

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Apply What You Know

Topic: Civil Rights

 

 

p Short Answer Questions

 

 

91. According to the Supreme Court decisions in Regents of the University of California v. Bakke and the two University of Michigan cases noted in the chapter, what sorts of affirmative action programs for admission to public universities are permissible, and what sorts are not?

 

Answer: An ideal response will:

1. Describe how Regents v. Bakke struck down the use of numerical quotas in affirmative action programs, but was not clear about what sorts of programs would be acceptable.
2. Describe how the two University of Michigan cases supported the idea that affirmative action programs can be permissible to achieve racial diversity, which serves a legitimate educational purpose. However, race can be used as only one of many factors, and the university cannot assign specific points based on race.

 

Page Reference: pp. 180–183

A-head: Affirmative Action

Learning Objective: Edwards L.O. 5.6

Skill Level: Understand the Concepts

Topic: Civil Rights

 

 

92. What rights are guaranteed to disabled Americans under the Americans with Disabilities Act (ADA)? What infrastructure changes must be made to ensure these rights? What has the Supreme Court said about where disabled people have the right to live?

 

Answer: An ideal response will:

1. Describe the rights guaranteed by the ADA to Americans with mental and physical disabilities, which include access to public facilities, employment, and communications services.
2. Describe the infrastructure changes that must be made to accommodate disabled Americans. For example, workplaces and government buildings must be made accessible to those who use a wheelchair and must support the use of an assistive telecommunications device.
3. Note that the Supreme Court has ruled that the ADA affirms the right of individuals with disabilities if at all possible to live in their communities rather than be institutionalized.

 

Page Reference: pp. 175–179

A-head: Other Groups Active Under the Civil Rights Umbrella

Learning Objective: Edwards L.O. 5.5

Skill Level: Understand the Concepts

Topic: Civil Rights

 

93. What progress has been made in achieving rights for Native Americans? What movements and activities have helped to improved their status?

 

Answer: An ideal response will:

1. Detail that American Indians were made citizens of the United States and given the right to vote in 1924, and in 1946 Congress established the Indians Claims Act to settle claims against the government related to land that was taken from them.
2. Describe how the civil rights movement of the 1960s created a more favorable climate for Native Americans to achieve rights, and progress was also helped by Indian activism, such as the American Indian Movement (AIM).
3. Discuss how the Indian Bill of Rights, adopted as part of the Civil Rights Act of 1968, applied most of the provisions of the Constitution’s Bill of Rights to tribal governments, and how the case of Santa Clara Pueblo v. Martinez in 1978 strengthened tribal power of individual tribe members and furthered tribal self-government.
4. Note that progress was also advanced because Indians began using the courts to protect their rights.

 

Page Reference: pp. 165–170

A-head: The Rights of Other Minority Groups

Learning Objective: Edwards L.O. 5.3

Skill Level: Understand the Concepts

Topic: Civil Rights

 

94. What are civil rights? Where did the American notion of equality come from, and what does it imply in terms of rewards and opportunities? What is the basis for the “equal protection of the laws” standard that became the principal tool in the struggle for civil rights?

 

Answer: An ideal response will:

1. Define civil rights as policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals.
2. Identify the phrases “all men are created equal” and “inalienable rights” in the Declaration of Independence as the root of the American belief in equality, noting that equality does not mean equal rewards, but it does mean equal opportunity.
3. Discuss how the equal protection clause comes from the Fourteenth Amendment, which is one of three amendments passed after the Civil War and which forbids states from denying anyone equal protection under the laws.

 

Page Reference: pp. 152–155; pp. 155–157

A-head: Chapter 5 Introduction; The Struggle for Equality

Learning Objective: Chapter 5 Introduction; Edwards L.O. 5.1

Skill Level: Understand the Concepts

Topic: Civil Rights

 

95. The record on gay rights has been mixed. Discuss some of the setbacks in the struggle for gay rights, and identify some signs that attitudes are changing. A prominent issue today is same-sex marriage. How do state laws stand on that issue, and how does the American public feel about it?

 

Answer: An ideal response will:

1. Discuss how the Supreme Court, in the 1986 case of Bowers v. Hardwick, ruled that states could ban homosexual relations and, in a 2000 case, held that the Boy Scouts could exclude a gay man from adult membership.
2. Note that attitudes toward homosexuals have become more positive, as today few Americans oppose equal employment opportunities for homosexuals, and most think gay and lesbian relations are acceptable as a lifestyle; many communities have passed laws protecting homosexuals against some forms of discrimination; and in 2003, the case of Lawrence v. Texas overturned the Bowers case.
3. Detail that another forward move in the gay rights struggle was in 2011 when, with the support of Congress and the president, the Pentagon ended the “Don’t Ask, Don’t Tell” policy and began to allow gays to serve openly in the military.
4. Identify that although most states have laws banning gay marriage, a few have legalized it, and a majority of the public now supports legalizing it.

 

Page Reference: pp. 175–179

A-head: Other Groups Active Under the Civil Rights Umbrella

Learning Objective: Edwards L.O. 5.5

Skill Level: Understand the Concepts

Topic: Civil Rights

 

96. Make an argument for interpreting the Fourteenth Amendment as supporting the right of gays and lesbians to get married to their same-sex partners.

 

Answer: An ideal response will:

1. Identify the most relevant provision of the Fourteenth Amendment as the equal protection clause or the due process clause.
2. Make an argument that the equal protection clause or the due process clause prohibits marriage discrimination on the basis of sexual orientation. The equal protection argument is that gays, lesbians, and heterosexuals should have an equal right to get married to the person they love. The due process argument is that the government cannot deny people their civil liberties without due process of law and that the right to marry the person one loves is a fundamental civil liberty. Therefore, the government cannot deny the right of gays and lesbians to marry whom they choose.

 

Page Reference: pp. 175–179

A-head: Other Groups Active Under the Civil Rights Umbrella

Learning Objective: Edwards L.O. 5.5

Skill Level: Apply What You Know

Topic: Civil Rights

 

97. How does de jure segregation differ from de facto segregation? How did McLaurin v. Oklahoma State Regents (1950) and Brown v. Board of Education (1954) seek to end de jure segregation in education? How did the events following these rulings demonstrate that de facto segregation was alive and well?

 

Answer: An ideal response will:

1. Describe de jure segregation as segregation mandated by law and de facto segregation as segregation in reality on the basis of actual practice.
2. Discuss how the Supreme Court, in the McLaurin case, ruled that public institutions of higher learning could not provide different treatment to students solely because of their race and, in the Brown case, set aside the Plessy precedent and declared school segregation as inherently unconstitutional because it violated the equal protection clause of the Fourteenth Amendment.
3. Identify that when the Court ordered lower courts to proceed with desegregation, integration in practice moved slowly, particularly in the South, until the Court ruled on it again fifteen years later in order to force changes in practice.

 

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Apply What You Know

Topic: Civil Rights

 

98. How did the U.S. government treat Japanese Americans during World War II and Arab Americans following 9/11 in similar ways? What did the Supreme Court decision in Korematsu v. United States (1944) and the 2004 Supreme Court decision regarding Arab American detainees say about America’s willingness to suspend civil rights in times of war or crisis?

 

Answer: An ideal response will:

1. Discuss how more than 100,000 Japanese Americans were put in internment camps during World War II, and how following 9/11, the FBI detained more than 1,200 persons, about one-third of whom were American citizens, and kept them in jail for months until they were cleared by the FBI.
2. Explain that the Supreme Court’s decision in Korematsu v. United States upheld the internment of Japanese Americans during World War II as a reasonable exercise of government power, given that the United States was at war with Japan.
3. Identify that in 2004, the Supreme Court declared that detainees in the United States have a right to challenge their detention before a judge or other neutral decision maker.
4. Note that the Korematsu decision and the delay in getting to the 2004 decision suggest that the government and Supreme Court are unwilling to be strong advocates for civil rights during wartime or other national security crises.

 

Page Reference: pp. 165–170

A-head: The Rights of Other Minority Groups

Learning Objective: Edwards L.O. 5.3

Skill Level: Apply What You Know

Topic: Civil Rights

 

99. Outline an affirmative action program for public university admissions that would pass constitutional muster.

 

Answer: An ideal response will:

1. Note that affirmative action programs for college admissions cannot use quotas and cannot give specific points for being a minority. Rather, the university can use race as one of many factors it considers when offering enrollment.
2. Outline a specific program that would be acceptable to the courts. For example, a university could collect applicant data including test scores, GPA, class rank, extracurricular activities, race, income, honors, and so on. When making admissions decisions, the university could look at race along with each of the other variables in a holistic fashion to decide whom to accept.

 

Page Reference: pp. 180–183

A-head: Affirmative Action

Learning Objective: Edwards L.O. 5.6

Skill Level: Apply What You Know

Topic: Civil Rights

 

100. In what ways did the discrimination of Hispanic Americans in the past resemble the types of discrimination experienced by African Americans? What tactics of the African American civil rights movement did Hispanic civil rights leaders use? Which of the ongoing problems that Hispanics experience resemble those of African Americans, and which are different?

 

Answer: An ideal response will:

1. Note that in the early twentieth century, Hispanic Americans faced similar discrimination to African Americans because they were forced to use segregated restrooms and attend segregated schools, they were killed in lynchings, they were not allowed to serve on juries until the Supreme Court ruled that they could, and Hispanic veterans returning from World War II who had fought for the United States faced discrimination on their return from the war.
2. Discuss how Hispanic leaders used tactics used previously by blacks such as sit-ins, boycotts, and marches to draw attention to their cause, and how the Mexican American Legal Defense and Education Fund (MALDEF) was modeled on the NAACP’s Legal Defense Fund.
3. Identify some of the problems common to the two groups, such as discrimination in employment hiring and promotion, as well as poverty, and some that are different, such as the immigration issue and language barriers for Hispanics.

 

Page Reference: pp. 165–170

A-head: The Rights of Other Minority Groups

Learning Objective: Edwards L.O. 5.3

Skill Level: Apply What You Know

Topic: Civil Rights

 

101. Describe the Civil Rights Act of 1964 and the Voting Rights Act of 1965. Why were they necessary, given that the Fourteenth and Fifteenth Amendments were enacted decades beforehand?

 

Answer: An ideal response will:

1. Describe the Civil Rights Act of 1964 as prohibiting racial discrimination in public accommodations involving interstate commerce.
2. Describe the Voting Rights Act of 1965 as protecting the right to vote of all Americans regardless of their race or ethnicity.
3. Explain how the South had successfully avoided the promises of the Fourteenth and Fifteenth Amendments through various mechanisms including Jim Crow laws and literacy tests. Since it appeared that the South would never rescind these laws themselves, Congress stepped in to pass these two landmark pieces of legislation.

 

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Analyze It

Topic: Civil Rights

 

102. What did the Supreme Court rule about the male-only draft in the 1981 case of Rostker v. Goldberg? How did it justify its decision? Today women are objecting to being excluded from combat. Discuss how the de facto segregation of men and women in the military compares to the de jure segregation. What are the arguments for and against putting women into combat?

 

Answer: An ideal response will:

1. Identify that the Supreme Court ruling in Rostker held that the male-only draft does not violate the Constitution; the reasoning was that it bears a substantial relationship to Congress’s goal of ensuring combat readiness, so Congress is allowed to focus on the question of military need rather than equity.
2. Discuss how in spite of legal (de jure) support for not drafting women and for not putting them into combat, segregation in practice (de facto) has not been so clear: Women have been attached to combat troops in Iraq and Afghanistan; they fly jets and helicopters, deal with antimissile systems and explosives, patrol streets and provide security for units and convoys, and serve as combat pilots and on navy warships; and they have been taken as prisoners of war and killed in combat.
3. Explain that those who are against women in combat argue that women have less upper-body strength than men and that men could not fight effectively next to a wounded woman, while those favoring it argue that some women surpass some men in strength and that we do not know how well men and women would fight together.

 

Page Reference: pp. 170–175

A-head: The Rights of Women

Learning Objective: Edwards L.O. 5.4

Skill Level: Analyze It

Topic: Civil Rights

 

103. Compare and contrast the use of nonviolent resistance (also known as civil disobedience) and litigation during the civil rights movement. Which was more successful and why?

 

Answer: An ideal response will:

1. Compare nonviolent resistance and litigation, noting that both were techniques successfully used to advance the civil rights movement.
2. Contrast nonviolent resistance and litigation, noting that nonviolent resistance entails breaking the law, while litigation entails using the law.
3. Make an argument that either nonviolent resistance or litigation was a more successful strategy during the civil rights movement. Nonviolent resistance led to public uproar in the North over discriminatory and segregationist laws in the South. This eventually led Congress to enact the Civil Rights Act and the Voting Rights Act. Litigation, however, brought down Jim Crow laws (Brown v. Board) without using young people as human targets, as often occurred during nonviolent resistance events.

 

Page Reference: pp. 158–165

A-head: African Americans’ Civil Rights

Learning Objective: Edwards L.O. 5.2

Skill Level: Analyze It

Topic: Civil Rights

 

104. What is age discrimination? Discuss some laws and court cases that have supported civil rights for older people. Why might this issue become more highlighted in the near future?

 

Answer: An ideal response will:

1. Define age discrimination as the denial of civil rights in policy or practice based upon a person’s age.
2. Identify some of the laws and court cases that have supported civil rights regardless of age, such as the 1967 Age Discrimination in Employment Act that banned some kinds of age discrimination, a 1975 civil rights law that denied federal funds to any institution that discriminated to people over 40, the 2000 case of Reeves v. Sanderson that made cases of job bias easier to win, and the 2008 Supreme Court ruling that places the burden of proof on an employer to prove that an action against a worker stems from factors other than age.
3. Note that the issue of age discrimination may become highlighted in the near future because America is aging rapidly and many people do not want, or cannot afford, to retire at age 65, the arbitrary age chosen when the Social Security program began.

 

Page Reference: pp. 175–179

A-head: Other Groups Active Under the Civil Rights Umbrella

Learning Objective: Edwards L.O. 5.5

Skill Level: Analyze It

Topic: Civil Rights

 

105. How has the Supreme Court treated age discrimination differently from gender discrimination? What does an employee need to demonstrate in order to show impermissible discrimination on the basis of age?

 

Answer: An ideal response will:

1. Compare the Supreme Court’s treatment of age discrimination with its treatment of gender discrimination. Age classifications are permissible as long as they pass the reasonableness test, while gender classifications must pass a stricter “intermediate standard.” Gender classifications cannot be arbitrary; rather, there must be an “exceedingly persuasive justification” for discriminating on the basis of gender.
2. Note that demonstrating age discrimination requires the employees to show that the company’s policy harmed older employees and that there was no reasonable basis for the policy.

 

Page Reference: pp. 175-179

A-head: Other Groups Active Under the Civil Rights Umbrella

Learning Objective: Edwards L.O. 5.5

Skill Level: Analyze It

Topic: Civil Rights

 

 

p Essay Questions

 

 

106. Contrast the attitudes toward a woman’s traditional role in the first and second wave of feminism. How were the attitudes of the first wave reflected in public policy that focused on protectionism? When the Equal Rights Amendment (ERA) was introduced, why did supporters claim it was needed, and why did many reject it? How did the attitudes of the second wave lead to the Supreme Court ruling of Reed v. Reed in 1971? Why was it a landmark case? What kinds of women’s issues are now being addressed that were not apparent in the first wave of feminism?

 

Answer: An ideal response will:

1. Describe how the first wave of feminism lost momentum once women had the vote because social feminists accepted the traditional model of the family and the woman’s role in it, while feminists in the second wave questioned many of these traditional assumptions.
2. Explain that traditional attitudes about women’s role were reflected in laws that protected women and reinforced traditional family roles, such as employment laws protecting women from long hours and heavy lifting, and child custody and support laws that encouraged women to stay home with children.
3. Identify that supporters of the ERA claimed that protectionist laws perpetuated gender inequality, but most people rejected that claim out of fear that passage of the ERA would disrupt the traditional family relationship.
4. Discuss how in the second wave, the questioning of traditional assumptions about women’s role led the Supreme Court to take a closer look at gender discrimination and eventually rule in the Reed case that any arbitrary gender-based classification is a violation of the equal protection clause of the Fourteenth Amendment.
5. Note that Reed was a landmark case because it was the first time the Supreme Court declared any law unconstitutional based on gender discrimination.
6. List some of the women’s issues that are now being addressed, including gender discrimination in employment, education, and the military; wage discrimination and comparable worth; and sexual harassment.

 

Page Reference: pp. 170–175

A-head: The Rights of Women

Learning Objective: Edwards L.O. 5.4

Skill Level: Understand the Concepts

Topic: Civil Rights

 

107. Using Table 5.1, identify the three standards the Supreme Court uses to evaluate whether a classification in a law or regulation is constitutionally permissible. Discuss what test the Court applies for each standard and whether the rule maker or the challenger has the burden of proof. Give an example of a law that could be subject to each standard of review. Do you agree with this three-tiered approach? Why or why not?

 

Answer: An ideal response will:

1. Identify the three standards as “inherently suspect,” “intermediate scrutiny,” and “reasonableness.”
2. Discuss how the inherently suspect standard used to evaluate race and ethnicity classifications is the most strict: The Court presumes that the classification is invalid and upholds it only if it serves a compelling public interest and there is no other way to accomplish that goal; the burden is on the rule maker to prove that the classification meets these criteria.
3. Detail how the intermediate scrutiny standard used to evaluate gender classifications is in the middle: The Court presumes neither constitutionality nor unconstitutionality; the burden is on the one challenging the classification to prove that it does not bear a substantial relationship to an important governmental purpose.
4. Outline how the reasonableness standard that is used for broader classifications such as age and wealth is the easiest to meet: The Court assumes the classification has a rational relationship to a legitimate governmental goal; the burden is on the challenger to show that it does not.
5. Provide an example of a law that would receive review under the inherently suspect standard, such as racial affirmative action programs.
6. Provide an example of a law that would receive review under the intermediate scrutiny standard, such as a law permitting women to marry at age 14, but not permitting men to marry until age 17.
7. Provide an example of a law that would receive review under the reasonableness standard, such as a law requiring those over the age of 80 to get a new driver’s license more frequently than those 80 years old or younger.
8. Indicate agreement or disagreement with this three-tiered approach. Answers will vary, but some may argue that all forms of discrimination are equally troubling and should all be treated the same. Others may argue that some sorts of discrimination may be reasonable under some circumstances, but other sorts of discrimination are seldom tolerable (giving examples). Therefore, different sorts of standards are appropriate.

 

Page Reference: pp. 155–157

A-head: The Struggle for Equality

Learning Objective: Edwards L.O. 5.1

Skill Level: Apply What You Know

Topic: Civil Rights

 

108. What is nonviolent resistance (also known as civil disobedience)? Provide some examples of the use of nonviolent resistance in advancing civil rights in the United States. How successful have these techniques been? How well would these techniques transfer to current efforts to expand civil rights for gays and lesbians?

 

Answer: An ideal response will:

1. Define nonviolent resistance as various forms of nonviolent protest that involve breaking the law in a peaceful way in order to bring attention to the issue and, ultimately, policy changes that enhance civil rights.
2. Provide examples of the use of nonviolent resistance during the civil rights movement, such as Rosa Park’s refusal to move from her bus seat and Martin Luther King’s subsequent boycott of the city buses. Other examples might include sit-ins where protesters sat at segregated lunch counters and refused to leave, freedom rides, and unlawful marches.
3. Evaluate the success of nonviolent resistance. An ideal response might note that the tactic was successful because it built support for the civil rights movement in the North through compelling television coverage. This eventually led to passage of landmark civil rights legislation by Congress.
4. Evaluate whether those currently fighting for gay and lesbian rights could successfully advance their cause through engaging in nonviolent resistance. Answers will vary, but an ideal response could argue that nonviolent resistance is one of the most effective ways to create media attention and, ultimately, sympathy from the public. Others may argue that nonviolent resistance would not work well for the gay rights movement because similar segregationist laws are not in effect for gays and lesbians.

 

Page Reference: pp. 152–155; pp. 158–165

A-head: Chapter 5 Introduction; African Americans’ Civil Rights

Learning Objective: Chapter 5 Introduction; Edwards L.O. 5.2

Skill Level: Apply What You Know

Topic: Civil Rights

 

109. Why do two of the basic principles of democracy, equality and individual liberty, sometimes conflict with each other? How do civil rights laws promote one of these principles while limiting the other? Provide some concrete examples. How would the Founders of the United States be likely to feel about these issues? Why are civil rights laws necessary under the founding documents of the United States? Identify historical events that have demonstrated their importance to the security of the country.

 

Answer: An ideal response will:

1. Explain that these two basic principles can conflict when equality, which favors majority rule, leads to a majority of people wanting to deprive a minority of certain rights, thus threatening individual liberty.
2. Describe how civil rights laws, which ensure individual liberties, increase the scope and power of government, which represents limits on individual liberty in the sense that people and institutions must act in certain ways whether they want to or not; for example, restaurant owners must serve all patrons regardless of race, professional schools must admit women, and employers must accommodate people with disabilities and make an effort to hire minority workers.
3. Discuss how the effects of civil rights laws do not conform to the eighteenth-century idea of limited government that the Founders envisioned, but that the Founders would have expected the national government to do whatever is necessary to hold the nation together.
4. Note that although the original Constitution did not guarantee individual rights, the Declaration of Independence referred to all people being created equal and having “inalienable rights” to which they are equally entitled, and the Fourteenth Amendment to the Constitution guarantees equal protection of the laws.
5. Identify that events like the Civil War and the protests of the civil rights movement have demonstrated that the original Constitution did not adequately deal with issues like slavery and discrimination that, if not dealt with, could destroy the society the Constitution was designed to secure.

 

Page Reference: pp. 155–157; pp. 183–185

A-head: The Struggle for Equality; Understanding Civil Rights and Public Policy

Learning Objective: Edwards L.O. 5.1; 5.7

Skill Level: Analyze It

Topic: Civil Rights

 

110. Describe existing policies about women serving in combat roles in the military, and how the policies are usually enforced. What are the two main reasons given for these policies? Typically, how are these arguments rebutted? Overall, do you believe that the prohibition on women serve in combat military roles is necessary or not? Justify your answer.

 

Answer: An ideal response will:

1. Describe the existing policy limiting women to non-combat roles. There is considerable wiggle room in the way this has been enforced. The bottom line is that many women do serve in roles that involve considerable combat, but they are still not permitted to serve in ground combat operations in the Army and Marines.
2. Describe the two main reasons for the prohibition on women in combat. The first is that combat operations require strength and that, on average, women are not as strong as men. The second is that having men and women serving in combat together may cause problems with unit cohesiveness or effectiveness, such as men having a hard time concentrating on getting the job done if women are injured or dying.
3. Provide the two most common rebuttals for these arguments. The first is that some women are stronger than some men. The second is that we do not know how gender integration will affect unit cohesiveness or effectiveness: it might not be an issue at all.
4. Argue for or against having women serve in the military, taking into account any barriers to the process. A pro position may cite the equal protection clause of the Constitution and the Supreme Court’s interpretation of the women’s civil rights through the intermediate standard of review. A con position may cite the recent sexual assault scandals as a barrier to military integration.

 

Page Reference: pp. 170-175

A-head: The Rights of Women

Learning Objective: Edwards L.O. 5.4

Skill Level: Analyze It

Topic: Civil Rights