All flashcards
Flashcard 1: What did Gratz v. Bollinger (2003) find unconstitutional?
Answer: The use of a point system that favored minority applicants too heavily. Lacked individualized consideration required for constitutional compliance.
Flashcard 2: Which case addressed the use of a point system in admissions?
Answer: Gratz v. Bollinger (2003). Challenged mechanical point-based affirmative action systems.
Flashcard 3: What is the 'compelling interest' standard?
Answer: A criterion for evaluating the constitutionality of affirmative action. Government must prove important societal need for race-conscious policies.
Flashcard 4: What did the Supreme Court rule in Parents Involved v. Seattle (2007)?
Answer: Race cannot be used as the sole criterion for school assignments. Race alone insufficient justification for student assignment policies.
Flashcard 5: What is the significance of Adarand Constructors v. Peña (1995)?
Answer: It applied strict scrutiny to federal affirmative action programs. Established consistent constitutional standard for all affirmative action.
Flashcard 6: What does the term 'reverse discrimination' refer to?
Answer: Discrimination against majority groups due to affirmative action. When affirmative action allegedly disadvantages majority group members.
Flashcard 7: What was the outcome of Schuette v. Coalition to Defend Affirmative Action (2014)?
Answer: States can ban affirmative action policies via voter initiatives. States have authority to ban affirmative action through democratic process.
Flashcard 8: Identify a key argument in favor of affirmative action.
Answer: It promotes diversity and equality in education and employment. Benefits extend beyond minorities to create enriched learning environments.
Flashcard 9: Which landmark Supreme Court case upheld affirmative action?
Answer: Regents of the University of California v. Bakke (1978). Allowed race as a factor in admissions but banned racial quotas.
Flashcard 10: What is the 'mismatch theory' related to affirmative action?
Answer: The theory that affirmative action places students in environments too competitive for them. Claims affirmative action harms intended beneficiaries academically.
Flashcard 11: What is 'critical mass' in the context of affirmative action?
Answer: Sufficient minority representation to ensure diverse perspectives. Minimum enrollment needed to realize diversity's educational benefits.
Flashcard 12: Which executive order first introduced affirmative action?
Answer: Executive Order 10925, signed by President Kennedy in 1961. Required federal contractors to ensure equal employment opportunity.
Flashcard 13: What is the significance of the 'narrow tailoring' requirement?
Answer: Affirmative action policies must be specifically designed to achieve diversity. Policies must be carefully crafted to achieve stated goals minimally.
Flashcard 14: What is affirmative action?
Answer: Policies that promote opportunities for historically marginalized groups. Designed to address historical discrimination and level the playing field.
Flashcard 15: Identify a race-neutral alternative to affirmative action.
Answer: Socioeconomic-based admissions policies. Focuses on economic disadvantage rather than racial identity.
Flashcard 16: What is the significance of United Steelworkers v. Weber (1979)?
Answer: It upheld affirmative action in private sector employment. Allowed voluntary affirmative action programs in private employment.
Flashcard 17: What is the 'diversity rationale' in affirmative action?
Answer: The argument that diversity benefits all students in educational settings. Justifies affirmative action based on educational benefits for all.
Flashcard 18: How do critics argue affirmative action affects meritocracy?
Answer: It undermines meritocracy by prioritizing race over qualifications. Argues race-based preferences ignore individual merit and achievement.
Flashcard 19: What did the Presidential Executive Order 11246 mandate?
Answer: It requires government contractors to take affirmative action. Applied affirmative action requirements to companies receiving federal contracts.
Flashcard 20: Which federal act initially aimed to eliminate discrimination in hiring?
Answer: The Civil Rights Act of 1964. Prohibited discrimination in employment and public accommodations.
Flashcard 21: What is 'holistic review' in college admissions?
Answer: Evaluating applicants based on a wide range of factors, including race. Comprehensive assessment considering multiple aspects of applicant background.
Flashcard 22: Identify a federal initiative supporting affirmative action.
Answer: The Office of Federal Contract Compliance Programs (OFCCP). Monitors federal contractor compliance with affirmative action requirements.
Flashcard 23: What is the main goal of affirmative action?
Answer: To rectify past discrimination and promote diversity. Addresses systemic inequalities through proactive measures.
Flashcard 24: What is the role of the Equal Employment Opportunity Commission (EEOC)?
Answer: To enforce federal laws prohibiting employment discrimination. Federal agency investigating and remedying workplace discrimination.
Flashcard 25: Which President signed the Civil Rights Act of 1964?
Answer: President Lyndon B. Johnson. Major civil rights legislation prohibiting various forms of discrimination.
Flashcard 26: What is the meaning of 'legacy admissions'?
Answer: Preference in admissions given to relatives of alumni. Traditional preference system benefiting children of graduates.
Flashcard 27: What is the primary focus of affirmative action in education?
Answer: To increase minority representation in higher education institutions. Aims to diversify student bodies and expand educational access.
Flashcard 28: What is the 'strict scrutiny' standard?
Answer: A judicial review standard for assessing affirmative action policies. Highest level of constitutional review for race-based policies.
Flashcard 29: Which Supreme Court case struck down quota systems?
Answer: Regents of the University of California v. Bakke (1978). Ruled racial quotas violate equal protection clause.
Flashcard 30: What is a quota system in the context of affirmative action?
Answer: A fixed number or percentage of opportunities reserved for minorities. Struck down in Bakke as unconstitutional racial preferences.