A Supreme Court test to see If a law denies equal protection because It does not serve a compelling state Interest and Is not narrowly tailored to achieve that goal. – It Is used In cases If racial discrimination. 7. What Is the deference between De Cure and De facto segregation? De Cure: racial segregation that Is required by law – De Facto: racial segregation that occurs In as a result of patterns of residential settlement 8. What were the provisions of the Civil Rights Act of 1964? – The Act bans the discrimination in employment and public accommodations on the basis of race, color, 9. What were the provisions of the Voting Rights Act of 1965? – The Act prohibits states from imposing any “voting qualification or prerequisite to voting, or standard, practice, or procedure to deny or abridge the right of any citizen of the United
States to vote on account of race or color. “Specifically, Congress intended the Act to outlaw the practice of requiring otherwise qualified voters to pass literacy tests in order to register to vote. 10. Explain Title IX of the Higher Education Act. – No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance. 11. Explain the three part strategy of the NAACP. The NAACP used a 3 part strategy to attain civil rights .
Persuade the Court to declare unconstitutional Laws creating schools that were separate but obviously unequal 2. Persuade the Court to declare laws supporting schools that were separate but unequal in not so obvious ways unconstitutional 3. This step consisted of getting the separate but equal doctrines overturned by the Court. 12. What is the Lemon Test? What are the provisions? – The test used by the Supreme Court to determine violations of the Establishment Clause. – Created in Lemon v. Ackerman – Says actions are okay if : They have a primarily secular purpose
They are neutral – neither helps nor inhibits religion not excessively entangled 13. What is the Miller test? What are the provisions? Church and state are In the three-part Miller test, three questions must receive affirmative responses for material to be considered “obscene”: 1 . Would the average person, applying the contemporary community standards, viewing the work as a whole, find the work appeals to the prurient interest? 2. Does the work depict or describe sexual conduct in a patently offensive way? 3. Does the work taken as a whole lack serious literary, artistic, political, or scientific value?
One must distinguish “obscene” material, speech not protected by the First children. The Supreme Court also ruled that “higher standards” may be established to protect minors from exposure to indecent material over the airwaves. 14. What are the provisions of the American with Disabilities Act? Be denied employment – Transportation must be accessible – They cannot – Full and equal access to hotels, restaurants, stores, parks, schools , etc.