Deck 12: Equal Protection

Question 1

Is the federal government obligated to avoid denying persons the equal protection of the law? Why or why not?

A) No, because the equal protection clause only applies to the states
B) Yes, because it's the right thing to do
C) No, because the federal government does not have a history of discrimination
D) Yes, because the Fifth Amendment Due Process Clause contains this obligation

Answer 1

Yes, because the Fifth Amendment Due Process Clause contains this obligation

Question 2

Prior to 1954, if a state wanted to enact a program that separated individuals based on their race, but still provide both sets of persons equal services, what would the government have to demonstrate for this program to be deemed constitutional?

A) it was rationally related to a legitimate governmental interest
B) it was necessary to promote a compelling governmental interest
C) there was only minimal state action involved
D) it was substantially related to an important governmental interest

Answer 2

it was rationally related to a legitimate governmental interest

Question 3

Why did the Supreme Court reject Dred Scott's petition for freedom?
I. The filed his petition in the wrong federal court.
II. res judicata
III. He was not a person under the law.
IV. The Missouri Compromise was unconstitutional.

A) I and II
B) III and IV
C) I and III
D) I, II, III

Answer 3

III and IV

Question 4

Which justice wrote the dissenting opinion in both the Civil Rights Cases (1883) and Plessy v. Ferguson?

A) Roger Taney
B) John Harlan
C) John Marshall
D) William Rehnquist

Question 5

What standard of constitutional review is applied to sex-based discrimination?

A) Strict Scrutiny
B) Intermediate Scrutiny
C) Rational Basis
D) Discriminatory Impact

Question 6

What standard of constitutional review is applied to race-based discrimination?

A) Strict Scrutiny
B) Intermediate Scrutiny
C) Rational Basis
D) Discriminatory Impact

Question 7

What standard of constitutional review is applied to income-based discrimination?

A) Strict Scrutiny
B) Intermediate Scrutiny
C) Rational Basis
D) Discriminatory Impact

Question 8

In which case can the following quotation be found?
"[T]he legislation and histories of the times, and the language used in the Declaration of Independence, show, that neither the class of persons who had been imported as slaves, nor their descendants, whether they had become free or not, were then acknowledged as a part of the people, nor intended to be included in the general words used in that memorable instrument . . ."

A) Plessy v. Ferguson
B) Brown v. Board of Education of Topeka (I)
C) Civil Rights Cases of 1883
D) Dred Scott v. Sandford

Question 9

In which case can the following quotation be found?
"[T]he cases are remanded to the District Courts to take such proceedings and enter such orders and decrees consistent with this opinion as are necessary and proper to admit to public schools on a racially nondiscriminatory basis with all deliberate speed the parties to these cases."

A) Swann v. Charlotte-Mecklenberg Bd. of Education
B) Brown v. Board of Education of Topeka (I)
C) Brown v. Board of Education of Topeka (II)
D) Milliken v. Bradley

Question 10

In United States v. Virginia, who wrote the majority opinion to describe the type of interest the State would have to demonstrate in order to uphold its form of discrimination?

A) O'Connor
B) Breyer
C) Thomas
D) Ginsburg

Question 11

Which of the following was NOT used to discuss the evolution of constitutional standards for reviewing sex-based discrimination?

A) Bowers v. Hardwick
B) Muller v. Oregon
C) Bradwell v. Illinois
D) Reed v. Reed

Question 12

What constitutional standard of review currently applies to race-based affirmative action policies sponsored by the federal government and which case is responsible for this standard?

A) rational basis/Grutter v. Bollinger
B) intermediate scrutiny/Metro Broadcasting v. F.C.C.
C) strict scrutiny/Fullilove v. Klutznick
D) strict scrutiny/Adarand Constructors, Inc. v. Pena

Question 13

What constitutional level of scrutiny is applied to government classifications based on so-called "illegitimacy"?

A) strict scrutiny
B) intermediate scrutiny
C) rational basis
D) non-suspect classification

Question 14

On what basis did the Supreme Court strike down the Texas sodomy statute in Lawrence v. Texas?

A) substantive due process
B) first amendment
C) equal protection
D) full faith and credit

Question 15

Which of the following is NOT considered a fundamental right under the Constitution?

A) education
B) privacy
C) travel
D) marriage

Question 16

Based on the readings, in which classification has the Court placed sexual-orientation?

A) suspect
B) non-suspect
C) semi-suspect
D) intermediate-suspect

Question 17

What piece of civil rights legislation was at issue in Tennessee v. Lane (2004)?

A) Americans With Disabilities Act
B) Pregnancy Disability Act
C) Family Medical Leave Act
D) Civil Rights Act of 1964

Question 18

What standard is used to determine whether government can use a person's alienage for purposes of discrimination in government employment?

A) necessary and compelling test
B) government classification test
C) employee privacy test
D) important governmental functions test

Question 19

Each of the following cases involve age discrimination EXCEPT:

A) Massachusetts Board of Retirement v. Murgia.
B) Zablocki v. Redhail.
C) Vance v. Bradley.
D) Kimel v. Florida Board of Regents.

Question 20

What is the term that describes the process of drawing or redrawing geographic boundaries for electoral districts based on a particular motive, such as reelecting the incumbent, including or excluding minority voters, or increasing political party control?

A) segregation
B) anti-segregation
C) gerrymandering
D) affirmative action

Question 21

The Nineteenth Amendment guarantees the right to vote regardless of a person's sex.

Question 22

The Fourteenth Amendment provides an enforcement clause in Section 5 that allows Congress to pass legislation to enforce the Equal Protection Clause.

Question 23

The Fourteenth Amendment was ratified before the Civil War.

Question 24

The state action requirement in the Fourteenth Amendment for equal protection cases applies only to state governments and does not apply to conduct of local governments.

Question 25

Court have upheld the Civil Rights Act of 1964 based on authority granted to Congress in Article I of the Constitution involving interstate commerce.

Question 26

Even if a discrimination case is not governed under the Equal Protection Clause, the provisions of federal, state, or local civil rights legislation may apply to preclude the identified form of discrimination.

Question 27

The rational basis test is used for fundamental rights such as the right to vote.

Question 28

The intermediate scrutiny test is a constitutional standard used in cases involving a semi-suspect form of discrimination that requires the government to show that its semi-suspect form of discrimination is substantially related to an important governmental interest.

Question 29

Suspect classification is a type of distinction or discrimination that is highly questionable and deserves the highest form of judicial scrutiny.

Question 30

The separate but equal doctrine adopted in Plessy v. Ferguson (1896) remains the law today under the Equal Protection Clause.

Question 31

Desegregation is the process by which the policies and effects of exclusion and separation are reversed and corrected.

Question 32

In United States v. Virginia (1996), the U.S. Supreme Court upheld the Virginia Military Institute (VMI)'s long-standing male-only admission policy.

Question 33

The rational basis test is used for cases involving classifications based on income.

Question 34

The intermediate scrutiny test is used for cases involving classifications based on the marital status of a person at the time of birth.

Question 35

In Alabama Legislative Black Caucus v. Alabama (2015), the U.S. Supreme Court rejected a lower court's conclusion that Alabama's race-based redistricting plan satisfied strict scrutiny.

Question 36

The Privileges or Immunities Clause prohibits states from denying persons the privileges or immunities of American ________.

Question 37

The Fifteenth Amendment provides that government cannot deny persons the right to ________ based on race, color, or previous servitude.

Question 38

The constitutional guarantee that "No state shall … deny any person within its jurisdiction the equal protection of the laws"
is found in the ________ Amendment.

Question 39

The state ________ requirement is an essential element to any due process or equal protection claim that requires sufficient government involvement.

Question 40

In Heart of Atlanta Motel, Inc. v. United States (1964), the U.S. Supreme Court upheld civil right legislation barring discrimination in employment and places of public accommodation that affect inter-state ________ because Congress has the power to regulate under Article I of the Constitution.

Question 41

Congress passed the Civil Rights Act of 1964 that banned ________ discrimination in places of public accommodation and prohibited employment discrimination based on race, sex, religion, color, or national origin.

Question 42

Government discrimination on the basis of race is subject to the ________ scrutiny test under the Equal Protection Clause.

Question 43

The separate but ________ doctrine in Plessy v. Ferguson (1896) was rejected by the U.S. Supreme Court in Brown v. Board of Education (1954).

Question 44

In Boy Scouts of America v. Dale (2000), the U.S. Court refused to apply a New Jersey civil rights law to require the Boy Scouts to retain a homosexual troop leader because the Court concluded that it would violate the organization's right to the freedom of ________.

Question 45

Government discrimination on the basis of wealth is subject to the ________ basis test under the Equal Protection Clause.

Question 46

The Twenty-Fourth Amendment prohibits poll ________ which had been employed in some jurisdictions as a means of preventing blacks from voting.

Question 47

Match the form of discrimination applied to the standard used .

-income/wealth

A) intermediate scrutiny
B) strict scrutiny
C) rational basis test

Question 48

Match the form of discrimination applied to the standard used .

-sexual orientation

A) intermediate scrutiny
B) strict scrutiny
C) rational basis test

Question 49

Match the form of discrimination applied to the standard used .

-right to vote

A) intermediate scrutiny
B) strict scrutiny
C) rational basis test

Question 50

Match the form of discrimination applied to the standard used .

-right to marry

A) intermediate scrutiny
B) strict scrutiny
C) rational basis test

Question 51

Match the form of discrimination applied to the standard used .

-right to travel

A) intermediate scrutiny
B) strict scrutiny
C) rational basis test

Question 52

Match the form of discrimination applied to the standard used .

-marital status of a person's parents at the time of birth (illegitimacy)

A) intermediate scrutiny
B) strict scrutiny
C) rational basis test

Question 53

Match the form of discrimination applied to the standard used .

-race

A) intermediate scrutiny
B) strict scrutiny
C) rational basis test

Question 54

Match the form of discrimination applied to the standard used .

-age

A) intermediate scrutiny
B) strict scrutiny
C) rational basis test

Question 55

Match the form of discrimination applied to the standard used .

-sex

A) intermediate scrutiny
B) strict scrutiny
C) rational basis test

Question 56

Match the federal civil rights legislation or constitutional provision to its description .

-Title II of Civil Rights Act of 1964

A) provides that no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance
B) prohibits employers with fifteen or more employees from discriminating based on race, color, religion, sex, and national origin
C) bars discriminations against anyone who has a mental or physical disability in the area of employment, public services, transportation, public accommodations, and telecommunications
D) provides that all persons are entitled to the full and equal protection of the "goods, services, facilities, privilege, advantages and accommodations of any place of public accommodation . . . without discrimination or segregation on the ground of race, color, religion, or national origin."
E) protects individuals who are 4 years of age or older from employment discrimination based on age
F) prohibits racial discrimination in elections
G) requires that "[n]o state shall . . . deny to any person within its jurisdiction the equal protection of the laws"

Question 57

Match the federal civil rights legislation or constitutional provision to its description .

-Voting Rights Act of 1965

A) provides that no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance
B) prohibits employers with fifteen or more employees from discriminating based on race, color, religion, sex, and national origin
C) bars discriminations against anyone who has a mental or physical disability in the area of employment, public services, transportation, public accommodations, and telecommunications
D) provides that all persons are entitled to the full and equal protection of the "goods, services, facilities, privilege, advantages and accommodations of any place of public accommodation . . . without discrimination or segregation on the ground of race, color, religion, or national origin."
E) protects individuals who are 4 years of age or older from employment discrimination based on age
F) prohibits racial discrimination in elections
G) requires that "[n]o state shall . . . deny to any person within its jurisdiction the equal protection of the laws"

Question 58

Match the federal civil rights legislation or constitutional provision to its description .

-Age Discrimination in Employment Act (1967)

A) provides that no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance
B) prohibits employers with fifteen or more employees from discriminating based on race, color, religion, sex, and national origin
C) bars discriminations against anyone who has a mental or physical disability in the area of employment, public services, transportation, public accommodations, and telecommunications
D) provides that all persons are entitled to the full and equal protection of the "goods, services, facilities, privilege, advantages and accommodations of any place of public accommodation . . . without discrimination or segregation on the ground of race, color, religion, or national origin."
E) protects individuals who are 4 years of age or older from employment discrimination based on age
F) prohibits racial discrimination in elections
G) requires that "[n]o state shall . . . deny to any person within its jurisdiction the equal protection of the laws"

Question 59

Match the federal civil rights legislation or constitutional provision to its description .

-Americans with Disabilities Act (1990)

A) provides that no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance
B) prohibits employers with fifteen or more employees from discriminating based on race, color, religion, sex, and national origin
C) bars discriminations against anyone who has a mental or physical disability in the area of employment, public services, transportation, public accommodations, and telecommunications
D) provides that all persons are entitled to the full and equal protection of the "goods, services, facilities, privilege, advantages and accommodations of any place of public accommodation . . . without discrimination or segregation on the ground of race, color, religion, or national origin."
E) protects individuals who are 4 years of age or older from employment discrimination based on age
F) prohibits racial discrimination in elections
G) requires that "[n]o state shall . . . deny to any person within its jurisdiction the equal protection of the laws"

Question 60

Match the federal civil rights legislation or constitutional provision to its description .

-Fourteenth Amendment

A) provides that no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance
B) prohibits employers with fifteen or more employees from discriminating based on race, color, religion, sex, and national origin
C) bars discriminations against anyone who has a mental or physical disability in the area of employment, public services, transportation, public accommodations, and telecommunications
D) provides that all persons are entitled to the full and equal protection of the "goods, services, facilities, privilege, advantages and accommodations of any place of public accommodation . . . without discrimination or segregation on the ground of race, color, religion, or national origin."
E) protects individuals who are 4 years of age or older from employment discrimination based on age
F) prohibits racial discrimination in elections
G) requires that "[n]o state shall . . . deny to any person within its jurisdiction the equal protection of the laws"

Question 61

What is the source found in the U.S. Constitution for equal protection as applied to both the federal and state governments?

Question 62

Why is "state action"
required for cases under the Equal Protection Clause?

Question 63

What was the basis for the Civil Rights Act of 1964 to prohibit racial discrimination in places of public accommodation?

Question 64

Explain the difference between the strict scrutiny test, intermediate scrutiny test, and the rational basis test.

Question 65

What did the U.S. Supreme Court decide in Brown v. Board of Education (1955) also known as Brown II?

Question 66

What did the U.S. Supreme Court decide in United States v. Virginia (1996), also known as the VMI case?

Question 67

What are the three exceptions to the strict scrutiny standard in alienage cases?

Question 68

What is the impact of the Voting Rights Act of 1965?

Question 69

Discuss whether you think sexual orientation should be entitled to the scrutiny standard. Explain your position.

Question 70

In Citizens United v. Federal Election Commission (2010), the U.S. Supreme Court held that political spending is protected under the First Amendment, meaning corporations and unions could spend unlimited amounts of money on political activities, as long as it was done independently of a party or candidate. How does the Citizens United case affect the right to vote?