WorksheetsLEDP Quiz 1 Review (Race-based Classifications
Total questions: 10
Worksheet time: 50mins
"Understanding Race" - Race is not biological. Race is a social construct through which power is exercised and concentrated.
Power is concentrated and exercised through race in what ways? (Class 1)
(Class 3) - Each of the cases highlights the constitutionality of the "Separate but Equal" clause and recognition of racial subordination during the Jim Crow Era EXCEPT
The Slaughterhouse Cases
Plessy v. Ferguson
Gong v. Rice
Pace v. Alabama
The following is a explanation for which term:
The availability of fourteenth amendment protection in racial cases may not actually be determined by the character of harm suffered by blacks... remedies, if granted, will secure, advance, or at least not harm societal interests deemed important by middle and upper class whites
Segregation
Racism
Interest convergence
Protecting values of "whiteness"
Which of the following are TRUE about segregation in schools? (Multiple Answers)
De jure segregtion became unconstitutional in Brown
The rights of individuals always require a due process analysis
Remedy for racially segregated schools "variety of local problems" and "with all deliberate speed"
Segregation was used in the Civil Rights era to concentrate resources among Whites
All but one does not pass the "Government Interest" prong of the strict scrutiny analysis. Which one is YES for "compelling" ?
Racism (Korematsu) /Racial Segregation (Bolling)
Addressing societal discrimination (Croson)
Addressing institution's prior discrimination (Croson)
White Supremacy (Loving)
True or False:
"Racial balancing" as a means to achieving racial diversity in an work industry or higher education institution, if it is a racial quota that demonstrates it is narrowly tailored to addressing de facto segregation.
True
False
In cases of "Facially Race Neutral" classifications, all of the following are considered Arlington Heights factors EXCEPT
discriminatory impact
legislative history/public officials statements/concerns
motivations of the group/organization bringing the claim
historical background
True or False:
De facto segregation = private discrimination
De jure segregation = state mandated discrimination
True
False
All of the following are TRUE about remedies for de jure segregation EXCEPT
(Hint: Find the false statement)
Scope of court-ordered remedy is limited to political entities found responsible for de jure segregation not de facto segregation
Remedy of discrimination can extend to other districts from de facto segregation
If the use of race to address de jure segregation is a compelling gov't interests then it will pass strict scrutiny if also narrowly tailored.
If the use of race is to remedy de jure segregation, then constitutional (Parents Involved)
Which of the following is FALSE about facially race-neutral state action cases
Racially disproportionate impact is necessary (Palmer)
Racially motivated purpose or intent is necessary (Davis)
There are some factors to determine whether there was racially discriminatory intent seen in Arlington Heights
The best argument against this type of case is to show the state action is under-inclusive and over-inclusive therefore does not violate EPC
