Question 1

Can separate athletic programs for men and women in state colleges and universities be justified under the Equal Protection Clause?

Accepted Answer

The Equal Protection Clause is part of the Fourteenth Amendment to the United States Constitution, which provides that no state shall "deny to any person within its jurisdiction the equal protection of the laws." This clause has been interpreted to mean that states must not treat people differently under the law without sufficient justification.

Separate athletic programs for men and women in state colleges and universities can be justified under the Equal Protection Clause if they meet certain criteria. The U.S. Supreme Court has developed a framework for analyzing whether gender classifications in law are permissible. This framework, known as intermediate scrutiny, requires that the gender classification must serve an important governmental objective and must be substantially related to the achievement of those objectives.

In the context of athletics, the important governmental objectives often cited are to accommodate the differences between men and women in athletic performance and opportunities, and to promote equal opportunities for both sexes in athletics. Title IX of the Education Amendments of 1972 is a federal law that plays a significant role in this area by prohibiting sex-based discrimination in any school or other education program that receives federal money. Title IX has been interpreted to require that educational institutions provide equal athletic opportunities to both sexes.

Under Title IX, separate athletic programs are permissible if they are equally effective in providing athletic opportunities. This means that the programs do not necessarily have to be identical, but they must provide equal opportunities for men and women to participate in sports, receive athletic scholarships, and benefit from comparable quality of equipment, coaching, facilities, and publicity.

The justification for separate programs is that men and women have different physical capabilities on average, and that separate teams allow for more meaningful competition within each sex. Additionally, separate programs can help ensure that women have access to athletic opportunities that might be more limited if they had to compete directly against men in all sports.

However, the mere existence of separate programs is not enough to satisfy the Equal Protection Clause. The programs must be equitable in terms of resources, funding, and support. If a disparity exists that disadvantages one sex, it could be challenged as a violation of the Equal Protection Clause and Title IX.

In conclusion, separate athletic programs for men and women in state colleges and universities can be justified under the Equal Protection Clause if they provide equal opportunities and benefits to both sexes and are part of an effort to accommodate legitimate differences while promoting equality in athletics. The programs must be carefully structured to ensure that they do not perpetuate gender-based discrimination and that they comply with the requirements of Title IX.

Question 2

In McLaurin v. Oklahoma State Regents (1950), the Supreme Court disallowed an attempt by the University of Oklahoma _____________.

Accepted Answer

A)   to segregate a black graduate student from his white colleagues
B)   to create a separate law school for blacks
C)   to require blacks to attend law schools in other states
D)   to close down a law school reserved to blacks only A

Question 3

In ________________, the Supreme Court unanimously approved the use of court-ordered busing to achieve the goal of desegregation.

Accepted Answer

A)   Cooper v. Aaron (1958) 
B)   Alexander v. Holmes County (1969) 
C)   Swann v. Charlotte-Mecklenburg Board of Education (1971) 
D)   Milliken v. Bradley (1974)  C

Question 4

The suspect classification doctrine originated in ____________.

Accepted Answer

A)   English common law
B)   Korematsu v. United States (1944) 
C)   Plessy v. Ferguson (1896) 
D)   The Civil Rights Cases (1883)

Question 5

Under ______________, a policy that is racially neutral on its face, is rationally related to a legitimate governmental objective, but has a disparate impact on people of different races will be upheld unless plaintiffs can show that it was adopted to serve a racially discriminatory purpose.

Accepted Answer

A)   Buchanan v. Warley (1917) 
B)   The Civil Rights Cases (1883) 
C)   Washington v. Davis (1976) 
D)   none of the above

Question 6

When Congress passed the public accommodations provisions of the Civil Rights Act of 1964, it had to rely primarily on its broad powers under ______.

Accepted Answer

A)   Section Five of the Fourteenth Amendment
B)   the Supremacy Clause
C)   the Necessary and Proper Clause
D)   the Commerce Clause

Question 7

Under the _______________, the government must show that a challenged policy bears a "substantial" relationship to an "important" government interest.

Accepted Answer

A)   rational basis test
B)   heightened scrutiny test
C)   strict scrutiny test
D)   none of the above

Question 8

Bolling v. Sharpe (1954) involved a constitutional challenge to segregated public schools in ________________.

Accepted Answer

A)   Washington, D.C.
B)   Virginia
C)   Mississippi
D)   Tennessee

Question 9

Under strict judicial scrutiny, the ordinary presumption of constitutionality is reversed whereby the ___________ carries the burden of proof that the challenged policy is constitutional.

Accepted Answer

A)   party challenging the policy
B)   government
C)   individual that disfavors the policy
D)   none of the above

Question 10

In a dramatic effort to resist the Supreme Court's desegregation decisions, Arkansas governor ___________ called out the National Guard in 1957 to prevent nine black students from entering Little Rock Central High School.

Accepted Answer

A)   Lester Maddox
B)   Charles Nelson Reilly
C)   Orval Faubus
D)   Ross Barnett

Question 11

Summarize the justifications for and against race-based differentiation of admission standards for (a) undergraduate students; (b) law students.

Accepted Answer

The answer of Summarize the justifications for and against race-based...

Question 12

Which of the following cases is an example of the Equal Protection Clause being employed as a basis for invalidating discriminatory business regulation?

Accepted Answer

A)   Yick Wo v. Hopkins (1886) 
B)   Strauder v. West Virginia (1879) 
C)   Pollock v. Farmer's Loan and Trust Co. (1895) 
D)   U.S. v. E.C. Knight Co. (1890)

Question 13

The failure of the Equal Rights Amendment to win ratification left the adjudication of sex discrimination claims largely in the domain of the ____ Amendment.

Accepted Answer

A)   13th
B)   14th
C)   19th
D)   20th

Question 14

Shortly before the Fourteenth Amendment was ratified, Congress passed the Civil Rights Act of 1866 which, among other things, protected the right of African-Americans to _______.

Accepted Answer

A)   inherit, own and convey property
B)   utilize privately owned places of public accommodation
C)   vote in state elections
D)   all of the above

Question 15

In most situations equal protection classifications based on wealth are subject to analysis under a "rational basis" standard of review. Under what circumstances would a classification based on wealth be subject to review under a higher standard?

Accepted Answer

The answer of In most situations equal protection classifications based...

Question 16

The Supreme Court is most likely to apply a standard of _____________ in ruling on the constitutionality of a law that classifies persons on the basis of gender.

Accepted Answer

A)   strict scrutiny
B)   formal rationality
C)   heightened scrutiny
D)   substantive justice

Question 17

The _____________ adopted in the aftermath of The Civil Rights Cases required segregation in virtually every area of public life requiring blacks and whites to attend separate schools, use separate parks, ride in separate railroad cars, and to be buried in separate cemeteries.

Accepted Answer

A)   Jim Crow laws
B)   black codes
C)   separation laws
D)   none of the above

Question 18

In Santa Clara County v. Southern Pacific Railroad Co. (1886), the Supreme Court held that the word "person" in the Equal Protection Clause of the Fourteenth Amendment included _______________.

Accepted Answer

A)   blacks
B)   women
C)   corporations
D)   the unborn

Question 19

In a famous dissenting opinion in 1896, Justice _________ asserted that "our Constitution is color blind, and neither knows nor tolerates classes among citizens."

Accepted Answer

A)   John Marshall
B)   John M. Harlan (the elder) 
C)   Thurgood Marshall
D)   John M. Harlan (the younger) .

Question 20

In reviewing a properly challenged attempt by government to classify persons on the basis of race, the Supreme Court applies a standard of ______________.

Accepted Answer

A)   strict scrutiny
B)   heightened scrutiny
C)   lowered scrutiny
D)   subtle scrutiny

Exam 7: Equal Protection and the Antidiscrimination Principle