Exam 7: Equal Protection and the Antidiscrimination Principle

In a famous footnote to his opinion in ________________, Justice Harlan Fiske Stone stated that "prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities and … may call for a more searching judicial scrutiny."

In _____________, the Supreme Court found that a newly created law school at the Texas College for Negroes under the separate but equal doctrine was substantially inferior to the whites-only law school at the University of Texas.

If challenged in a court of law, a state law that requires a person to possess a license to practice psychological counseling would be subject to ________.

Under the "New Equal Protection," the courts have used the Equal Protection Clause to scrutinize closely any law or practice that discriminates among groups in their enjoyment of ________________.

Also known as the _______________________, the Civil Rights Act of 1870 made it a federal crime to conspire to "injure, oppress, threaten or intimidate any citizen in the free exercise of any right or privilege secured to him by the Constitution or laws of the United States."

Primary responsibility for implementing the requirements of Brown v. Board of Education was assigned to _____________.

In _______________, the Supreme Court amplified its decision in Board of Education v. Dowell (1991) by permitting a federal district court that for many years had supervised desegregation of the DeKalb County, Georgia, schools to relinquish supervision over certain aspects of school administration.

In City of Richmond v. Croson Company (1989) the Supreme Court ______.

In ___________, the Supreme Court struck down a provision of the Idaho Probate Code that required probate judges to prefer males to females in appointing administrators of estates.

The ___________ doctrine applies only to policies that overtly discriminate on the basis of race, religion, or ethnicity.

Can the Supreme Court's decision in Brown v. Board of Education be squared with an interpretivist approach to constitutional interpretation?

In The Civil Rights Cases (1883), the Supreme Court ______________ the key provisions of the Civil Rights Act of 1875, ruling that the Fourteenth Amendment limited congressional action to the prohibition of official state-sponsored discrimination as distinct from discrimination practiced by privately owned places of public accommodation.

Since the Fourteenth Amendment Equal Protection Clause applies only to the states, how does the Supreme Court justify its invalidation of equal protection violations by the federal government?

The _______________provided that citizens of all races have the same rights to make and enforce contracts, to sue and give evidence in the courts, and to own, purchase, sell, rent, and inherit real and personal property.

How can one justify progressive, or regressive, taxation in light of the Equal Protection Clause?

In Brown v. Board of Education (1955), the Supreme Court ordered desegregation of the Nation's public schools "___________________."

Before Brown v. Board of Education was reargued in 1953, Chief Justice __________ died and was replaced by Earl Warren.

In the wake of the Civil War, many of the southern states had adopted the Black Codes, which denied basic economic rights to former slaves including the right to ___________.

In Shapiro v. Thompson (1969), the Supreme Court struck down state laws that imposed one?year waiting periods on new residents seeking ______.

What factors have contributed most significantly to the gradual disengagement of federal courts from the nation-wide effort to desegregate the public schools?