Unit #3: Civil Rights & Civil Liberties

Chapter 8: The Bill of Rights and the First Amendment (Topics 3.1 - 3.4)
Chapter 9: Balancing Liberty and Safety (Topics 3.5 - 3.6)
Chapter 10: Due Process (Topics 3.7 - 3.9)
Chapter 11: Civil Rights (Topics 3.10 - 3.13)

3.1: The Bill of Rights and the First Amendment Pages 261-265

1. What basic protections from the federal government are included in the body of the
Constitution? (AMSCO lists four of these)
Congress can pass no bill of attainder and no ex post facto law and cannot suspend habeas
corpus rights in peacetime. Article III guarantees a defendant the right to trial by jury. However, the
original Constitution lacked many fundamental protections, so critics and Anti-Federalists pushed
for a bill of rights to protect civil liberties—those personal freedoms protected from arbitrary
governmental interference or deprivations by constitutional guarantee.

2. What are “civil liberties”?

Personal freedoms that are protected from arbitrary governments and interference, constitutionally
protected.

3. Why was Madison against adding a Bill of Rights?

Believed in unnecessary as government was already weak enough in 3 branches meaning they
wouldn’t have power to violate rights.

4. What are the two “catch all” Amendments that are included in the Bill of Rights? Describe
both of them.
The Ninth Amendment states there are rights that are protected and cannot be denied by the
government, even those not explicitly listed in the Bill of Rights. The Tenth Amendment codifies an
understanding from Philadelphia in 1787 and throughout the ratification debate on the proposed
Constitution: All powers delegated to the federal government are expressly listed, and those that
are not listed remain with the states.

5. The Bill of Rights protects citizens from the encroachment of the __federal____ government, not
 the _____state____ governments.

6. Why are civil liberties limited, in some cases? Provide an example.

They are limited when they hinder the publics interest, an example is the limited freedoms minors
hold in the publics best interests.

3.2: First Amendment: Freedom of Religion Pages 265-274

1. What is the establishment clause?
The clause in the First Amendment of the US Constitution that prohibits the establishment of religion
by Congress.

2. What is the free exercise clause?

The free exercise clause in the First Amendment prevents governments from stopping religious
practices. This clause is generally upheld, unless a religious act is illegal or threatens the interests of
the community

3. How was the First Amendment selectively incorporated to state governments?

Everson v. Board of Education (1947), the Court upheld the law. State law is not meant to favor or
handicap any religion. This law gave no money to parochial schools but instead provided funds
evenly to parents who transported their children to the state’s accredited schools, whether religious
or public. Preventing payments to parochial students’ parents would create an inequity for them.
Much like fire stations, police, and utilities, school transportation is a nonreligious service available to
all taxpayers.

4. Describe the holding of Engel v. Vitale and include the piece of the US Constitution the Court
used.
Though nothing changed with Everson, the Court did signal that the religion clauses of the First
Amendment applied to the states via the Fourteenth Amendment in the selective incorporation
process.
 5. What is the Lemon Test?
In 1971, the Court created a measure of whether or not the state violated the establishment clause
in Lemon v. Kurtzman. Rhode Island and Pennsylvania passed laws to pay teachers of secular
subjects in religious schools with state funds. The states mandated such subjects as English and
math and reasoned that it should assist the parochial schools in carrying out a state requirement.

6. Describe the holding of Wisconsin v. Yoder and include the piece of the US Constitution the
Court used.
Amish didn’t want to send kids to school past 8th grade for religious reasons, state believed it was
public best interest for them too. Court declared that free exercise clause came over state efforts
meaning Amish one.

7. Provide 2+ examples of contemporary 1st Amendment issues.

Prayers at public schools and regulating social media platforms

3.3: First Amendment: Freedom of Speech Pages 275-283

1. How does the Court regulate symbolic expression?

Court looks at if regulation is suppressing content of messages or simply regulates the conduct.

2. What is the Time, Place, and Manner Test?

1. The restriction must be content-neutral. That is, it must not suppress the content of the expression.

2. The restriction must serve a significant government interest. In the United States v. O’Brien (1968)
case, the Court ruled that the burning of a draft card was disrupting the government’s interest of
raising an army.

3. The restriction must be narrowly tailored. That is, the law must be designed in the most specific,
targeted way possible, avoiding spillover into other areas. For example, the law upheld in O’Brien
was specifically about burning draft cards, not other items, such as flags, whose burning might
express a similar message.

4. There must be adequate alternative ways of expression. The court can suppress expression on
the basis of time, place, and manner if there are other times, places, and manners in which the
idea can be expressed

3. True or False: The burning of the US flag is legal. Circle one - correct below if false.
 TRUE

4. Describe the holding of Tinker v. Des Moines and include the piece of the US Constitution the
Court used.
In December of 1965 in Des Moines, Iowa, Mary Beth Tinker, her brother John F. Tinker, their friend
Christopher Eckhardt, and others developed a plan for an organized protest of U.S. involvement in
the conflict in Vietnam. They planned to wear black armbands for a period of time as well as have
two days of fasting. The school administrators learned of the organized protest and predicted it
would become a distraction in the learning environment they had to maintain. They also believed it
might be taken as disrespectful by some students and become, at minimum, a potential problem.
School principals met and developed a policy to address their concerns. Court ruled in favor of the
students who challenged the suspension, declaring that the students’ right to political, symbolic
speech based on the First Amendment overrode the school administrators’ concerns for potential
disorder. The decision protected this speech because the suspension failed the content-neutral
criterion of the time, place, and manner test

5. True or False: Obscene speech is constitutionally protected by the 1st Amendment of the US
Constitution. Circle one - correct below if false.

FALSE

6. What is the Miller Test?

Average person applying contemporary community standards finds it appeals to the prurient
interest, depicts or describes, in a patently offensive way, sexual conduct specifically defined by
state law, and lacks serious literary, artistic, political, or scientific value.

7. Describe the holding of Schenck v. United States and include the piece of the US Constitution
the Court used.
Starting with the U.S entering WW1 the 1917 edition and Espionage Act prevented anything that
criticized the government. Charles Schneck a socialist party member tried dissuade people from
complying with the draft, he argued in his pamphlet that a mandatory military draft, or
conscription, amounted to involuntary servitude, the Supreme Court drew a distinction between
speech that communicated honest opinion and speech that incited unlawful action and thereby
represented a “clear and present danger.” In a unanimous opinion delivered after the war’s end,
the Court upheld the government’s right to convict citizens for certain speech. Schenck went to
prison.

3.4: First Amendment: Freedom of the Press Pages 284-288

1. What constitutes “speech”?

An array of expressions actual words, the lack of words, pictures, and actions. An average citizen
has as much right to free press as does a professional journalist. The First Amendment does not
protect all speech, or all press, especially if communication invites danger

2. True or False: An average citizen has as much right to free press as does a professional
journalist. Circle one - correct below if false.

TRUE

3. Why are false journalistic statements protected as “free speech” and not classified as libel?
A charge of libel refers to false statements in print about someone that defames—or damages that
person’s reputation. Much negativity can be printed about someone of a critical, opinionated, or
even speculative nature before it qualifies as libel. American courts have typically allowed for a
high standard of defamation before rewarding a suing party.

4. What is prior restraint?

The government also has no exclusive privilege of prior restraint—the right to stop spoken or printed
expression in advance.

5. Describe the holding of New York Times Co. v. United States and include the piece of the US
Constitution the Court used.
Daniel Ellsberg, a high-level Pentagon analyst, became disillusioned with the war in Vietnam and in
June of 1971 released a massive report known as the Pentagon Papers to the New York Times. (The
case also included the Washington Post since it, too, had been given the document.) The seven-
thousand-page top-secret document— which unlike today’s easily released digital content had to
be photocopied—told the backstory of America’s entry into the Vietnam conflict and revealed
government deception. These papers questioned the government’s credibility and, President Nixon
claimed, hampered the president’s ability to manage the war. Nixon’s lawyers petitioned a U.S.
district court to order the Times to refrain from printing in the name of national security. In a rare
instance, the Court in this case did not fully explain its ruling with a typical majority opinion. Instead,
it issued a per curium opinion, which is a judgment issued on behalf of a unanimous court or the
court’s majority without attribution to a specific justice. It relied heavily on the reasoning in previous
cases. The judgment overruled the lower court’s injunction and prevented the executive branch
from stopping the printing.

3.5: Second Amendment: Right to Bear Arms Pages 295-299

1. True or False: The framers of the US Constitution debated whether or not the US Constitution
should protect the right to bear arms as individual self-defense. Circle one.

TRUE
2. What is the National Firearms Act?
The National Firearms Act required registration of certain weapons, imposed a tax on the sale and
manufacture of certain guns, and restricted the sale and ownership of high-risk weapons such as
sawed-off shotguns and automatic machine guns. The law was challenged not long after Congress
passed the bill and it was upheld by the Supreme Court.

3. What is the Gun Control Act of 1968?

The act sought safer streets. It ended mail-order sales of all firearms and ammunition and banned
the sale of guns to felons, fugitives, illegal drug users, people with mental illness, and those
dishonorably discharged from the military.

4. What is the Brady Bill?

The gun debate came to the forefront again after a mentally disturbed John Hinckley shot
President Ronald Reagan in 1981. Reagan survived as his press secretary James Brady, but Brady
suffered a paralyzing head wound. His wife helped organize a coalition to prevent handgun
violence.

5. Why is DC v. Heller a significant case?

Countless interest groups filed friend of the court briefs. Most members of Congress took positions on
the issue. The U.S. solicitor general filed a brief that suggested the Court not reach too far in
preventing regulation, as reasonable limits on guns should remain lawful.

6. How does the Supreme Court’s interpretation of the 1st and 2nd Amendments reflect a
commitment to personal liberty?

Liberty: Freedom from arbitrary and unreasonable restraint upon an individual

The Second Amendment recognizes an individual’s right to own a gun unrelated to militia service.
In the Court’s opinion, Justice Antonin Scalia wrote of the amendment and its history, that it
“conferred an individual right to keep and bear arms. Of course, the right was not unlimited, just as
the First Amendment’s right to speech is not” unlimited.

3.6: Amendments: Balancing Individual Freedom with Public Order & Safety
Pages 300-306
1. The __________fourth__________________ Amendment(s) protect due process.

2. What is the 8th Amendment?

Prevents cruel and unusual punishments and excessive bail. Capital punishment, or the death
penalty, has been in use for most of U.S. history, and it was allowed at the time of ratification of the
Constitution and the Bill of Rights.

3. True or False: The use of the death penalty is Constitutional. Circle one.
TRUE
 4. What is the 4th Amendment?
To prevent a recurrence of such government overreach and violation of liberty, especially in the
home. The amendment addresses searches and seizures of evidence and citizens.

5. What is necessary to obtain a search warrant?

Courts can issue such warrants only when the information causing suspicion is delivered under oath
and reaches the legal standard of a probable cause

6. What could be an exception to the warrant requirement?

When law enforcement officers have probable cause to believe criminal activity has taken place
or is planned, they are duty-bound to act to preserve order. As the likelihood of danger or harm
increases, the threshold for limitations on government search and seizure diminishes.

7. What two recent changes have altered the application of the 4th Amendment?
the Supreme Court has ruled that warrants are required for wiretapping a suspect’s phone, bringing
a drug-sniffing dog upon the porch of a home, and looking into a cell phone of a suspect or even
an arrested defendant. The Supreme Court has ruled in other ways to shape search and seizure law

3.7: Selective Incorporation Pages 312-318

1. What is selective incorporation?
The process of declaring only certain, or selected, provisions of the Bill of Rights applicable to the
states rather than all of them at once.

2. The _____due process____ clause of the 14th Amendment has made selective incorporation
possible.

3. What is due process?

fundamental fairness that ensures legitimate government in a democracy

4. What is the 14th Amendment?

“all persons born or naturalized in the United States . . . are citizens”

5. Describe the holding of McDonald v. Chicago and include the piece of the US Constitution
the Court used.
The Second Amendment must be protected by states based on the due process clause of the
Fourteenth Amendment. Second Amendment

6. Critical Thinking: How has selective incorporation weakened state governments?

Federal oversight has weakened or limited state governments. If states attempted to regulate
individual rights could potentially be ruled unconstitutional.
 7. Critical Thinking: How has the 14th Amendment’s due process clause been used to expand
individual liberties?
This meant that the states could not deprive any person of life, liberty, or property without following
the law and respecting their rights.

3.8: Amendments: Due Process and the Rights of the Accused Pages 319-328
1. What is the 5th Amendment?
Establishes that no person shall be “deprived of life, liberty, or property, without due process of law;
nor shall private property be taken for public use, without just compensation.”
 2. Complete the chart below containing information on due process.
Type of Due Process Description

Procedural Refers to the process used to try and convict defendants accused of crimes
and ensures that the executive or judicial action is legal and fair

Substantive Refers to the intrinsic validity of the law and prevents government
interreference with fundamental rights

3. True or False: Federal and state governments cannot take away life, liberty, or property. Circle
one - correct below if false.

TRUE

4. What is the exclusionary rule?

Which states that evidence the government finds or takes in violation of the Fourth Amendment
can be excluded from trial.

5. What are the exceptions to the exclusionary rule? Describe them.

Refined the exclusionary rule to include the “inevitable discovery” and “good faith” exceptions.
The inevitable discovery exception applies to evidence police find in an unlawful search but would
have eventually found in a later, lawful search.

6. What is the purpose of the 2015 USA FREEDOM ACT?

U.S. law enacted on June 2, 2015, that restored and modified several provisions of the Patriot Act.

7. The Miranda ruling used the clause of the 5th Amendment that reads __“nor shall [anyone] be
compelled in any criminal case to be a witness against himself.”______.

8. What is the public safety exception to the Miranda Warning?

A delayed reading or failure to read the warning would not necessarily exclude confessions or
statements at court.

9. What is the 6th Amendment?

Right to counsel has been in place since the ratification of the Bill of Rights, it was first merely the
right to have a lawyer present at trial, and, as with the rest of the Bill of Rights, it originally applied
only to defendants in federal court.

10. Describe the holding of Gideon v. Wainwright and include the piece of the US Constitution the
Court used.
Clarence Earl Gideon, a drifter who had served jail time in four previous instances, was arrested for
breaking and entering a Florida pool hall and stealing some packaged drinks and coins from a
cigarette machine. He came to his trial expecting the local court to appoint him a lawyer because
he had been provided one in other states in previous trials. The Court reasoned that a basic
principle of the American system of government is that every defendant should have an equal
chance at a fair trial and that without an attorney, a defendant does not have that equal chance.

3.9: Amendments: Due Process and the Right to Privacy Pages 329-333
1. True or False: The text of the US Constitution contains the right to privacy. Circle one.

FALSE

2. What does the “right to privacy” come from? (You will have multiple answers)
This idea of a “right to be left alone” or a right to privacy can be pulled from the wording of several
amendments. The First Amendment deals with the privacy of one’s thoughts or associations with
others. The Third protects the privacy of one’s home from the government’s no-longer-used
practice of mandating that private citizens house soldiers in peacetime. The Fourth protects against
illegal searches, keeping a home or other area (purses, lockers) private. The Fifth entitles an
accused defendant to refrain from testifying and thus to keep information private. Also, the Ninth
Amendment is a cautionary limit to the power of the federal government in general, which states
that the people have rights not specifically listed, such as privacy.

3. Describe the holding of Roe v. Wade and include the piece of the US Constitution the Court
used.
Primarily addressing the question of whether Texas or other states could prevent a woman from
aborting her fetus, the decision rested on a substantive due process right against such a law.
Whether a pregnant woman was to have or abort her baby was a private decision between her
and her doctor and outside the reach of the government.

3.10: Social Movements and Equal Protection Pages 341-353

1. What are civil rights?
Protections from discrimination based on such characteristics as race, color, national origin,
religion, and sex.

2. The ___14th_____ Amendment, __________equal protection____________________ clause, and

______________due process_______________________________ ___ clause directly protect citizens’
civil rights.

3. How does the National Association for the Advancement of Colored People fight to advance
civil rights? Provide 3+ examples.
1. Stood apart from the others in promoting equal rights for African
Americans. State-sponsored discrimination and a violent race riot in
 Springfield, Illinois, led civil rights leaders to create the NAACP in 1909.
On Abraham Lincoln’s birthday, a handful of academics, philanthropists,
and journalists sent out a call for a national conference. Harvard
graduate and Atlanta University professor Dr. W.E.B. DuBois was among
those elected as the association’s first leaders. By 1919, the organization
had more than 90,000 members.
2. Before World War I, the NAACP and its leaders pressed President
Woodrow Wilson to overturn segregation in federal agencies and
departments. The citizen group had also hired two men as full-time
lobbyists in Washington, one for the House and one for the Senate. The
association joined in filing a case to challenge a law that limited voter
rights based on the then-legal status of voters’ grandparents.
3. The NAACP has regularly argued cases in the Supreme Court. It added
a legal team that was led by Charles Hamilton Houston, a Howard
University law professor, and his assistant, Baltimore native Thurgood
Marshall. They defended mostly innocent black citizens across the South
in front of racist judges and juries.

4. The _____________19th amendment________________________________ grants women the right to

vote.

5. True or False: Women gained the right to vote on a state-by-state basis. Circle one.

6. True or False: After the ratification of the 19th Amendment, women voted in overwhelming
numbers. Circle one - correct below if false.

TRUE

7. The _____________________equal pay acts________________________________________________

protects women from discrimination in the workplace.

8. What is Title IX?

Guaranteed that women have the same educational opportunities as men in programs receiving
federal government funding.

9. True or False: An Equal Rights Amendment has been added to the US Constitution. Circle one.

TRUE

10. Why is the issue of gay marriage a complicated topic for the federal government?
The states’ police powers, privacy, and equal protection are all involved. Federalism and
geographic mobility create additional complexities. To what degree should the federal
government intervene in governing marriage, a reserved power of the states?

11. What was the “don’t ask don’t tell” policy?

Prevented the military from asking about the private sexual status of its personnel but also
prevented gays and lesbians from acknowledging or revealing it.

12. What was the Defense of Marriage Act?

Defined marriage at the national level and declared that states did not have to accept same-sex
marriages recognized in other states. The law also barred federal recognition of same-sex marriage
for purposes of Social Security, federal income tax filings, and federal employee benefits.

13. Why is Obergefell v. Hodges important?

Court considered two questions: Does the Fourteenth Amendment require a state to issue a
marriage license to two people of the same sex?” and “Does the Fourteenth Amendment require a
state to recognize a marriage between two people of the same sex when their marriage was
lawfully licensed and performed out-of-state?” If the answer to the first question is “yes,” then the
second question becomes moot. On June 26, 2015, the Court ruled 5:4 that states preventing
same-sex marriage violated the Constitution. Justice Anthony Kennedy wrote the opinion, his fourth
pro-gay rights opinion in nearly 20 years.

14. Critical Thinking: Have Supreme Court rulings at times limited civil rights?
I think the supreme court try to appeal to the people of the United States, but as well they have to
abide to the constitution, some things are implied some are in writing, but over the years the
Supreme Court have gotten better with not limiting civil rights

15. Critical Thinking: Describe how the equal protection clause has inspired social movements.
The equal protection clause has served as the basis for most legal challenges to discrimination.
3.11: Government Responses to Social Movements Pages 354-365
1. Which three Constitutional Amendments were passed to free the slaves and create equality
for African Americans? Describe them.
Thirteenth Amendment, Outlawed slavery across the United States, trumping the Tenth
Amendment’s reserved powers to the states. Fourteenth Amendment, Guaranteed U.S. citizenship
to anyone born or naturalized in the United States. The equal protection clause protected
individuals’ rights when in other jurisdictions [states]. Fifteenth Amendment, Prohibited states from
denying the vote to anyone “on account of race, color, or previous condition of servitude.”

2. What is included in the 14th Amendment?

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are
citizens of the United States and of the state wherein they reside. No state shall make or enforce
any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any
state deprive any person of life, liberty, or property, without due process of law; nor deny to any
person within its jurisdiction the equal protection of the laws.

3. The 14th Amendment does not specifically identify that its purpose is to protect people who
were “slaves”. Because of this, what other groups have claimed the protection of the 14th
Amendment?
Several other groups women, ethnic minorities, LGBTQ people—have benefitted from it in their
search for equality.

4. How did Southern states attempt to bypass the 15th Amendment? Describe each method.
The South began requiring property or literacy qualifications to vote. Several states elevated the
literacy test of reading skills required before one could vote into their state constitutions. A poll tax a
simple fee required of voters became one of the most effective ways to turn black voters away.
The grandfather clause, which allowed states to recognize a registering voter as it would have
recognized his grandfather, prevented thousands of blacks from voting while it allowed illiterate
and poor whites to be exempt from the literacy test and poll tax. The white primary a primary in
which only white men could vote also became a popular method for states to keep African
Americans out of the political process.

5. Describe Jim Crow laws.

Named after a disrespected character in a minstrel show in which whites performed in blackface
separated blacks and whites on trains, in theaters, in public restrooms, and in public schools.
 6. Describe the NAACP’s “Clark Doll” test.
In experiments run by the Clarks, when black children were shown two dolls identical except for
their skin color and asked to choose the “nice doll,” they chose the white doll. When asked to
choose the doll that “looks bad,” they chose the dark-skinned doll. With these results, the Clarks
argued that the segregation system caused feelings of inferiority in the black child. Armed with this
scientific data, attorneys sought strong, reliable plaintiffs who could withstand the racist intimidation
and reprisals that followed the filing of a lawsuit.

7. Describe the holding of Brown v. Board of Education and include the piece of the US
Constitution the Court used.
SCOTUS agreed and ruled in favor of striking down segregation and overturning Plessy to satisfy the
equal protection clause of the Fourteenth Amendment. Brown’s unanimous ruling came in part
because of former politician and current Chief Justice Earl Warren pacing the halls and shaping his
majority opinion as he tried to bring the questionable or reluctant justices over to the majority.

8. JFK’s Civil Rights bill was meant to be a wide and all-encompassing bill to advance Civil Rights.
What all was included in JFK’s vision of a Civil Rights bill?
President Kennedy began hosting black leaders at the White House and embraced victims of the
violence. By mid-1963, Kennedy buckled down to battle for a comprehensive civil rights bill.

9. What “swayed” public opinion towards supporting JFK’s Civil Rights vision?
Much of the public wanted racial integration and sought to end all the disagreements and
problems, these issues did cause JFK’s approval rating to rapidly drop however.

10. What kind of informal powers did LBJ use to drive the Civil Rights Act of 1964 towards
ratification?
Johnson had supported the 1957 Civil Rights Act but only after he moderated it. Civil rights leaders
hadn’t forgotten Johnson’s southern roots or the fact that he and Kennedy had not seen eye to
eye. Fortunately, President Johnson took up the fight. “No memorial oration or eulogy could more
eloquently honor President Kennedy’s memory,” Johnson stated to the nation, “than the earliest
passage of the civil rights bill for which he fought so long.”

11. Why did Dr. King focus on the voting disparity in Selma, Alabama?
Because despite the large black population they made up for so little of the voting population.

12. Describe the Voting Rights Act of 1965.

Gave congress the power to oversee state elections in Southern States so that they could address
states that used “test or device” to determine voter qualifications.
3.12: Balancing Minority and Majority Rights Pages 366-372
1. Describe Plessy v. Ferguson.
1896 court case that upheld separate but equal clause and continued

2. After Brown v. Board of Education, the dilemma for lawmakers was to answer the question of
how to achieve integration. Southern localities created a solution with “freedom-of-choice”
plans.
Why were “freedom-of-choice” plans an inadequate solution for creating integration of
schools?
Overturned the separate but equal doctrine and started desegregating schools in the 1950s and
early 1960s. Soon, interest groups and civil rights activists questioned the effectiveness of the Brown
decision on schools across the nation. The ruling met with varying degrees of compliance from
state to state and from school district to school district. Activists and civil rights lawyers took
additional cases to the Supreme Court to ensure both the letter and the spirit of the Brown ruling.
From 1958 until the mid-1970s, a series of lawsuits most filed by the NAACP and most resulting in
unanimous pro-integration decisions brought greater levels of integration in the South and in cities
in the North.

3. In 1964 (10 years after Brown), only ___one fifth___ of the school districts in the previously
segregated southern states taught whites and blacks in the same buildings.

4. What was the result of Swann v. Charlotte-Mecklenburg?

The judge had set a mathematical ratio as a goal to achieve higher levels of integration. The
district’s overall white to black population ratio was roughly 71 to 29 percent. The district judge
ordered the school district to assign students to schools across the district to roughly reflect the
same proportion of black to white student enrollment in each building. The Supreme Court later
approved his decision and thus sanctioned mathematical ratios to achieve school integration in
another unanimous decision.

5. What was white flight? Why was white flight a problem?

White parents in scores of cities transferred their children from public schools subject to similar rulings
or relocated their families to adjacent suburban districts to avoid rulings.
 6. Describe the holding of Shaw v. Reno and include the piece of the US Constitution the Court
used.
Redistricting based on racial gerrymandering violated the equal protection clause of the
constitution and created grounds for scrutiny if not justifiable.

3.13: Affirmative Action Pages 373-380

1. Define Affirmative Action.
Is the label placed on institutional efforts to diversify by race, gender, or otherwise.

2. “You do not take a man who for years has been hobbled by chains, liberate him, bring him to
the starting line of a race, saying, ‘you are free to compete with all the others,’ and still justly
believe you have been completely fair.”
Summarize this quote from LBJ.
Even though black people were being given freedom they were often handicapped by the
continued racism, lack of education, and the lack of anything to start with.

3. Complete the chart below containing viewpoints regarding affirmative action.

View in Support of Affirmative Action Views in Opposition to Affirmative Action

Breaks stereotypes, creates diversity in different Removes opportunities for others, can create
fields, discourages discrimination, helps those reverse racism or harsh sentiments, has never
starting at a disadvantage. really fully solved an issue.

4. What happened in Regents of the University of California v. Bakke?

SCOTUS declared affirmative action constitutional but would not allow racial quotas. This came
about over the debate of limiting white opportunities to promote blacks opportunities.

5. Why is Affirmative Action still in a “gray area” of government?

Many feel it’s not the governments choice, could be classified as reverse racism and offensive to
other groups, can create more inequality and division. It hasn’t ever fully solved problems, though it
has promoted diversity.