Test Bank for American Government Institutions and Policies 16th by Wilson

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Chapter 6 - Civil Rights

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1. An example of a difference in treatment toward certain groups that qualifies as reasonable is
a. classifying people according to race.
b. taxing different income levels at different rates.
c. classifying people according to ethnic group.
d. classifying people according to religion.
e. None of these are correct.
ANSWER: b

2. Which statement best summarizes the pertinent question of civil rights?

a. Laws cannot make distinctions among people.
b. Laws cannot discriminate.
c. Laws must treat everyone equally.
d. Laws can treat different people differently, but such differences must be reasonable.
e. Laws can discriminate as long as they do not make distinctions.
ANSWER: d

3. One white-black gap in education and standards of living that has NOT closed much in the last half-century is the
__________ rate.
a. high school completion
b. poverty
c. unemployment
d. homeowner
e. All of these are correct.
ANSWER: c

4. The __________ Amendment to the U.S. Constitution appeared to guarantee equal rights for blacks, but didn’t.
a. First
b. Fourteenth
c. Twenty-first
d. Twenty-fifth
e. Twenty-sixth
ANSWER: b

5. In the Slaughter-House Cases (1873), the Supreme Court ruled that

a. the “privileges and immunities” clause of the Fourteenth Amendment did not protect citizens from
discriminatory actions by state governments.
b. separate facilities were acceptable as long as they were equal.
c. segregation was unconstitutional.
d. literacy tests were acceptable.
e. juries could be all of one race.
ANSWER: a

6. In the __________ decision, the Supreme Court ruled that “separate-but-equal” facilities were constitutional.
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a. Plessy v. Ferguson
b. Brown v. Board of Education
c. Loving v. Virginia
d. Cumming v. Richmond County Board of Education
e. Swann v. Charlotte-Mecklenburg Board of Education
ANSWER: a

7. One reason the NAACP’s strategy of using the courts to further black civil rights worked was that it
a. avoided focusing on the clearest abuses.
b. presented broad economic demands to whites.
c. avoided direct confrontation with a conservative Supreme Court.
d. did not require a broad legislative alliance.
e. avoided the complications that often surround appellate processes.
ANSWER: d

8. In 1938, the Supreme Court ruled that Lloyd Gaines had to be admitted to an all-white law school in Missouri because
a. discrimination based on race was unconstitutional.
b. no all-black law school of comparable quality existed in the state.
c. it was ethically wrong to consider race when making admissions decisions.
d. separate facilities were fundamentally and inherently unequal.
e. All of these are correct.
ANSWER: b

9. In Brown v. Board of Education, the Supreme Court

a. declared unconstitutional laws creating schools that were separate but obviously unequal.
b. declared unconstitutional laws supporting schools that were separate but unequal in subtle ways.
c. ruled that racially separate schools were inherently unequal and therefore unconstitutional.
d. ruled that schools discriminating on the basis of race could be denied access to federal funds.
e. ruled that segregation was lawful if mandated by a state constitution.
ANSWER: c

10. In its decision in Brown v. Board of Education, the Supreme Court overruled __________ and the “separate but equal”
doctrine.
a. Plessy v. Ferguson
b. Brown v. Board of Education
c. Loving v. Virginia
d. Cumming v. Richmond County Board of Education
e. Swann v. Charlotte-Mecklenburg Board of Education
ANSWER: a

11. In 1955, the Supreme Court ruled that desegregation should be

a. implemented with due concern for public safety.
b. monitored by local school officials.
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c. implemented “with all deliberate speed.”

d. monitored by civil rights groups.
e. delayed until there were significant shifts in population.
ANSWER: c

12. In order to discourage segregation, federal laws began to

a. fire teachers in segregated schools.
b. impose harsh grading standards on white students.
c. remove accreditation from public schools in the southeastern United States.
d. regulate textbooks that were critical of the Brown decision.
e. withhold federal funds from segregated schools.
ANSWER: e

13. As its rationale for the decision in Brown, the Supreme Court relied primarily on
a. the intent of the framers of the Fourteenth Amendment.
b. the intent of Congress in the Fourteenth Amendment.
c. social science evidence.
d. a narrow interpretation of the U.S. Constitution.
e. the redress of grievances clause in the First Amendment.
ANSWER: c

14. The difference between de facto and de jure segregation is that

a. the former results from private choices, the latter from public law.
b. the former results from public law, the latter from private choices.
c. the former existed in the past, the latter continues in the present.
d. the former continues in the present, the latter existed in the past.
e. the former deals with perceptions, the latter deals with verified facts.
ANSWER: a

15. A core premise of the strict scrutiny standard is that some instances of drawing distinctions between different groups
of people are
a. socially inevitable.
b. legally necessary.
c. inherently dubious.
d. morally wrong.
e. politically incorrect but valid.
ANSWER: c

16. The practice of mandating busing plans to remedy school segregation patterns was approved in the case of
a. Brown v. Board of Education.
b. Sipuel v. County Trustee.
c. Swann v. Charlotte-Mecklenburg Board of Education.
d. Green v. County School Board of New Kent County.
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e. Plessy v. Ferguson.
ANSWER: c

17. According to the Supreme Court, race is now a(n) __________ classification.
a. unconstitutional
b. color-blind
c. suspect
d. legally impermissible
e. None of these are correct.
ANSWER: c

18. Violence, when used by civil rights activists and white segregationists, tended to
a. reduce public support for their respective positions.
b. reduce public support for civil rights activists but enhance it for white segregationists.
c. reduce public support for white segregationists but enhance it for civil rights activists.
d. enhance public support for their respective positions.
e. first reduce, then subsequently enhance, public support for their respective positions.
ANSWER: a

19. The philosophy of civil disobedience suggests that there is value to

a. protesting against laws that are not enforced by civil authorities.
b. peacefully violating the law.
c. violating all laws with respect to civility.
d. protesting in a legal manner, with respect for civil authority.
e. using violence when laws are not conducive to civil society.
ANSWER: b

20. One factor helping to break the deadlock that developed in the civil rights movement during the early 1960s was the
a. media coverage of violence by white segregationists.
b. Supreme Court’s ruling in Brown v. Board of Education.
c. decentralization of power in the House and Senate.
d. civil unrest that shook several northern cities.
e. election of Republican presidents.
ANSWER: a

21. Attempts at civil rights legislation in the early 1960s were stymied by each of the following EXCEPT
a. the Senate Judiciary Committee.
b. Kennedy’s reluctance to submit strong civil rights bills to Congress.
c. a coalition of Southern Democrats and conservative Republicans.
d. a lack of support from Kennedy’s vice president.
e. the chairman of the House Rules Committee.
ANSWER: d

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22. One factor helping to break the deadlock that developed in the civil rights movement during the early 1960s was the
a. Democratic landslide of 1964.
b. Supreme Court’s ruling in Brown v. Board of Education.
c. centralization of power in the House and Senate.
d. civil unrest that shook several northern cities.
e. election of Republican presidents.
ANSWER: a

23. From the 1950s to the 1990s, support for civil rights legislation among Southern Democrats
a. increased in both the House and the Senate.
b. increased in the House but declined in the Senate.
c. increased in the Senate but declined in the House.
d. declined in both the House and the Senate
e. remained constant in both the House and the Senate.
ANSWER: a

24. The text suggests that voter identification laws are instituted chiefly to __________ in the electoral process.
a. reduce minority participation
b. enhance minority participation
c. reduce the incidence of voter fraud
d. selectively increase the incidence of voter fraud
e. ensure accurate counting techniques
ANSWER: a

25. In their struggle for equal treatment, women, unlike blacks, had to deal with a legal tradition that
a. claimed to be protecting them.
b. regarded them as chattel.
c. had always treated them as equal in theory.
d. had consistently ignored them.
e. had accorded them special rights and responsibilities.
ANSWER: a

26. The origin of the movement to give more rights to women was probably the
a. Rights Manifesto.
b. Seneca Falls Convention.
c. Nineteenth Amendment.
d. “Rosie the Riveter” worker.
e. Equal Rights Amendment.
ANSWER: b

27. The leaders of the Seneca Falls Convention demanded that women be given
a. the right to get a graduate education.
b. the right to get an undergraduate education.
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c. the right to vote.

d. the same employment opportunities as men.
e. equal pay for equal work as men.
ANSWER: c

28. Women were first given the right to vote in states that were
a. more highly populated and economically advanced.
b. part of the original thirteen colonies.
c. in the South.
d. in the Midwest.
e. in the West.
ANSWER: e

29. The __________ Amendment made clear that no state may deny the right to vote on the basis of sex.
a. Fifteenth
b. Nineteenth
c. Twentieth
d. Twenty-first
e. Twenty-second
ANSWER: b

30. Since the 1970s, the Supreme Court has tended to apply the __________ standard to cases of gender discrimination.
a. rational basis standard
b. intermediate scrutiny
c. strict scrutiny
d. necessary and proper
e. None of these are correct.
ANSWER: b

31. The Obama administration’s announcement that Title IX applied to protections for transgender students in schools
sparked a controversy when North Carolina lawmakers passed legislation
a. specifying which bathrooms people had to use.
b. preventing transgender people from applying to college.
c. preventing transgender people from serving in the military.
d. allowing businesses to discriminate against transgender customers on religious grounds.
e. All of these are correct.
ANSWER: a

32. A great change in the status of women took place when

a. many of them were successful on Wall Street in the 1930s.
b. they began to serve as presidents of several prestigious law schools.
c. they began to outperform men in civil service tests.
d. millions were hired in defense plants during World War II.
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e. they formed a congressional caucus in the 1920s.

ANSWER: d

33. In 1963, the publication of __________by Betty Friedan strengthened the feminist movement.
a. The Other Half
b. The Silent Spring
c. The Feminine Mystique
d. The Great Dilemma
e. The Crisis
ANSWER: c

34. Congress responded to the feminist movement by passing laws that

a. prohibited discrimination on the basis of gender in employment and among students in any school receiving
federal funds.
b. gave women equal access to the entering of all private organizations.
c. outlawed all-male schools.
d. provided free day care and maternal care to all working mothers.
e. prohibited gender discrimination except when there was a compelling justification.
ANSWER: a

35. Men can be punished for statutory rape even if women are not punished because men and women are not “similarly
situated.” This is an example of the __________ standard.
a. intermediate scrutiny
b. strict scrutiny
c. rational basis
d. reasonable person
e. necessary and proper
ANSWER: a

36. In the Virginia Military Institute case, the Supreme Court required __________ for single-sex schools.
a. a notable basis
b. a compelling reason
c. a compelling justification
d. a rational basis
e. an exceedingly persuasive justification
ANSWER: e

37. Drawing on rulings by the Equal Employment Opportunities Commission, the Supreme Court has tried to define
sexual harassment by ruling that
a. it is illegal for someone to request sexual favors as a condition of employment or promotion and it is illegal for
an employee to experience a work environment that has been made hostile or intimidating by a pattern of
offensive sexual teasing, jokes, or obscenity.
b. an employer is not liable if he or she does not know that a subordinate has requested sex in exchange for hiring
or promotion.
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c. a work environment is not deemed hostile or intimidating by a steady pattern of offensive sexual teasing,
jokes, or obscenity.
d. employers are “strictly liable” for a hostile or intimidating work environment even if they did not know about
the situation and did nothing about it.
e. sexual harassment claims cannot be made in the absence of at least three witnesses.
ANSWER: a

38. In one 1998 case, the Supreme Court ruled that a school system was not liable for the conduct of a teacher who
seduced a female student because
a. the student lied to school officials in another proceeding.
b. the student never reported the actions.
c. the teacher left the school just hours after a complaint was filed.
d. school codes regarding teacher-student relations were vague.
e. school codes required several witnesses for harassment complaints.
ANSWER: b

39. Laws that address public order and the safety and morals of citizens have traditionally been considered the focus of
a. Congress.
b. state judiciaries.
c. state bar associations.
d. police powers.
e. state secretaries of state.
ANSWER: d

40. Which of the following statements concerning the “right to privacy” is correct?
a. It is said to emanate from provisions in the Fourteenth Amendment.
b. It is not mentioned in the Constitution.
c. It is explicitly mentioned in the First and Fifth Amendments.
d. It is explicitly mentioned in the First, Second, and Fifth Amendments.
e. It is explicitly mentioned in the Preamble of the Constitution.
ANSWER: b

41. The Supreme Court has argued that the right to privacy is __________ the Bill of Rights.
a. stated in
b. contradicted by
c. implied by
d. neither denied nor supported by
e. None of these are correct.
ANSWER: c

42. In this seminal decision, the Supreme Court held that a “right to privacy” is “broad enough to encompass a woman’s
decision whether or not to terminate a pregnancy.”
a. Griswold v. Connecticut

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b. Webster v. Reproductive Health Services

c. Planned Parenthood v. Casey
d. Roe v. Wade
e. Gonzales v. Carhart
ANSWER: d

43. Based on the Supreme Court’s decision in Roe, a woman has an unfettered right to an abortion
a. in the first trimester.
b. in the first and second trimesters.
c. in the second trimester.
d. in the second and third trimesters.
e. in the third trimester.
ANSWER: a

44. Under the Supreme Court’s decision in Roe, states may ban abortions
a. in the first trimester.
b. in the first and second trimesters.
c. in the second trimester.
d. in the second and third trimesters.
e. in the third trimester.
ANSWER: e

45. Which piece of legislation first gave women legal equality of employment opportunity?
a. The Civil Rights Act of 1964
b. The Title IX legislation of 1972
c. The Lilly Ledbetter Fair Pay Act of 2009
d. The Civil Rights Act of 1886
e. The Civil Rights Act of 1991
ANSWER: a

46. The Hyde Amendment barred the use of federal funds for abortions
a. for women under twenty-one years of age.
b. for low-income women
c. except in cases of rape.
d. without parental consent.
e. in the second trimester.
ANSWER: b

47. The concept of “strict liability” implies that

a. an employer who was aware of a subordinate’s wrongdoing cannot be found at fault.
b. an employer who was aware of a subordinate’s wrongdoing must be found at fault unless the wrongdoing was
minor.
c. an employer who was aware of a subordinate’s wrongdoing may still be found blameless.
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d. an employer who was unaware of a subordinate’s wrongdoing cannot be found at fault.

e. an employer who was unaware of a subordinate’s wrongdoing can still be found at fault.
ANSWER: e

48. Which of the following statements is legally true?

a. Because women as a group live longer than men, an employer may pay them monthly retirement benefits
smaller than those received by men.
b. A state can set different ages at which men and women legally become adults.
c. High schools may pay the coaches of girls’ sports less than they pay the coaches of boys’ sports.
d. States can give widows a property-tax exemption not given to widowers.
e. All of these are correct.
ANSWER: d

49. Supporters of equality of opportunity tend to

a. hold views that favor affirmative action policies.
b. vote independent in elections.
c. live in the New England states.
d. have orthodox beliefs on many issues.
e. have progressive beliefs on many issues.
ANSWER: d

50. A supporter of equality of opportunity as a way of redressing past civil rights inequities would be most likely to
advocate
a. color-blind administration of the laws.
b. preferential treatment for blacks.
c. comparable-worth pay scales.
d. busing for racial integration of schools.
e. affirmative action.
ANSWER: a

51. The Supreme Court’s rulings on the question of minority hiring quotas have been
a. extremely fair
b. extremely unfair
c. extremely inconsistent
d. extremely consistent
e. None of these are correct.
ANSWER: c

52. Believers in equality of opportunity are most likely to argue that if a certain group is underrepresented in a given field,
the reason is
a. that members of that group are at a disadvantage.
b. that affirmative action policies have not been implemented effectively enough.
c. racism, sexism, homophobia, or xenophobia, as appropriate.
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d. that members of the group happen simply to be uninterested in the field.

e. All of these are correct.
ANSWER: d

53. Proponents of affirmative action would be most likely to argue that

a. governments and institutions should be color-blind.
b. giving everyone the same rights is sufficient to achieve equality.
c. everyone who isn’t a minority leads a privileged life.
d. not everyone in life begins at the same starting line.
e. All of these are correct.
ANSWER: d

54. The Supreme Court ruled in the Bakke case that

a. explicit numerical quotas are illegal.
b. busing is a legitimate tool to achieve racial balance.
c. race should be taken into account when quotas are used.
d. affirmative action programs are unlawful.
e. affirmative action plans cannot include firings.
ANSWER: a

55. Unlike the Civil Rights Act, the Americans with Disabilities Act (ADA) considers
a. the impact on local communities.
b. qualifications and standards.
c. quotas.
d. reverse discrimination.
e. undue hardships.
ANSWER: e

56. In a 2003 case involving admissions practices at the University of Michigan, the Supreme Court reaffirmed its
decision in Bakke by rejecting the use of
a. a numerical goal.
b. an exact numerical advantage.
c. a plus factor.
d. a racial measure.
e. an ethnic policy mark.
ANSWER: b

57. The Supreme Court’s ruling in Bowers v. Hardwick suggested that the right to privacy does not protect
a. issues related to the family.
b. marriage.
c. procreation.
d. homosexual relations.
e. None of these are correct.
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ANSWER: d

58. In this seminal Supreme Court decision, the Court overturned its decision in Bowers by ruling that state laws may not
ban sexual relations between same-sex partners.
a. Lawrence v. Texas
b. Loving v. Virginia
c. Bakke v. California
d. Johnson v. Texas
e. Boy Scouts of America v. Dale
ANSWER: a

59. Under the Defense of Marriage Act, signed by President Clinton,

a. no state could legalize gay marriage.
b. no state could modify the definition of marriage in any significant way.
c. states that allowed gay marriages would lose federal funds.
d. no state would be forced to recognize a same-sex marriage performed in another state.
e. gays and lesbians could marry in federal courts.
ANSWER: d

60. In United States v. Windsor, the Supreme Court held that

a. gay couples in states with legal same sex marriage must receive the same federal benefits that heterosexual
married couples receive
b. gay marriage is a fundamental right under the Constitution.
c. the state may not ban sexual relations between same-sex partners.
d. private organizations may not ban gays from membership.
e. None of these are correct.
ANSWER: a

61. Until 1967, 16 states outlawed marriages between whites and nonwhites.
a. True
b. False
ANSWER: True

62. Laws cannot treat people differently.

a. True
b. False
ANSWER: False

63. In the late 1800s, the Supreme Court struck down a law that required juries to consist only of white males.
a. True
b. False
ANSWER: True

64. In 1883, the Supreme Court ruled that racial discrimination in public accommodations (such as hotels) was
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unconstitutional.
a. True
b. False
ANSWER: False

65. In Plessy v. Ferguson, the Supreme Court ruled that the equal protection clause of the Fourteenth Amendment
guaranteed political equality but not social equality.
a. True
b. False
ANSWER: True

66. The NAACP was formed by a group consisting of both whites and blacks.
a. True
b. False
ANSWER: True

67. The decision of the Supreme Court in Brown was unanimous.

a. True
b. False
ANSWER: True

68. In the immediate aftermath of Brown v. Board of Education, southern resistance to school integration quickly
collapsed.
a. True
b. False
ANSWER: False

69. The federal government withholding federal aid to segregated schools in the 1970s led many schools to integrate.
a. True
b. False
ANSWER: True

70. Findings from social science studies on the impact of segregation on black children influenced the Supreme Court’s
ruling in Brown.
a. True
b. False
ANSWER: True

71. De jure segregation refers to segregation that is the result of residential patterns as opposed to deliberate government
policy.
a. True
b. False
ANSWER: False

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72. A 1992 Supreme Court decision reaffirmed the necessity of busing to achieve full school integration regardless of
housing patterns.
a. True
b. False
ANSWER: False

73. The outcome of the 1964 election helped the civil rights forces.
a. True
b. False
ANSWER: True

74. The courts have so far declined to submit laws that treat men and women differently to the strict scrutiny test.
a. True
b. False
ANSWER: True

75. The Supreme Court ruled in favor of Virginia Military Institute when its tradition of admitting only male cadets was
challenged.
a. True
b. False
ANSWER: False

76. It is illegal for an employee to experience a work environment that has been made hostile or intimidating by a steady
pattern of offensive sexual teasing, jokes, or obscenity.
a. True
b. False
ANSWER: True

77. Privacy is mentioned only once in the Constitution.

a. True
b. False
ANSWER: False

78. In 1989, the Webster case upheld some state restrictions on abortion.
a. True
b. False
ANSWER: True

79. In Lawrence v. Texas, the Supreme Court ruled that married gay couples who live in states where gay marriage is not
legal must receive the same federal health, tax, and other benefits that heterosexual married couples receive.
a. True
b. False
ANSWER: False

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80. In 2012, Tammy Baldwin became the first openly gay politician elected to the U.S. Senate.
a. True
b. False
ANSWER: True

81. In its 2013 State of Black America report, the National Urban League credited civil rights legislation for helping the
black community make progress in education and standard of living, but the same report also listed a number of
challenges still facing the community. Discuss these areas of progress and the continuing challenges.
ANSWER: ∙ The white-black high school completion rate gap has closed by 57 points; whereas only 25 percent of blacks
graduated from high school in 1963, by 2013 the fraction had risen to 85 percent, and there had been a three-
fold increase in the number of blacks enrolled in college.
∙ The white-black poverty rate gap fell by 23 points; whereas 48 percent of blacks lived in poverty in 1963, by
2013 the fraction had fallen to 28 percent.
∙ There was a 14 percent increase in the number of black homeowners.
∙ In 2013, as in 1963, the black-white unemployment ratio was still 2-to-1, regardless of education, gender,
region, or income level.
∙ In 2013, as in 1963, more than a third of all black children (38 percent) still lived in poverty.
∙ In 2013, as in 1963, blacks employed in the public sector earned less than whites in the same jobs, and a still-
wider black-white wage disparity persisted in the private sector.

82. Describe the facts and discuss the effect of the ruling of the case Plessy v. Ferguson.
ANSWER: Louisiana required blacks and whites to ride in separate rail cars. Plessy, who was partly white, refused to
obey the law, was arrested, and appealed his conviction. The Court ruled that separate facilities for races were
permissible so long as they were equal. The Court’s ruling allowed southern governments to put in place
legally segregated schools until the Brown decision.

83. Explain the importance of northern political support for civil rights, and how that support influenced civil rights in the
United States beyond the issues of the mid-1960s.
ANSWER:
• Northern public opinion supported the civil rights movement when the dispute was between two
minorities: Southern whites and Southern blacks.
• The north did not expect the changes to apply outside the South.
• However, court doctrines could not be restricted geographically, and so the civil rights laws also
applied to the north.
• This provoked opposition in areas such as school desegregation and the Equal Rights Amendment.
• Without broad support, civil rights changes have a hard time taking hold.

84. Summarize the Court’s decision in Swann and discuss how this ruling has guided subsequent integration cases.
ANSWER: ∙ There must be a showing of intent to discriminate.
∙ The existence of segregated schools in areas with a history of segregation creates a presumption of intent.
∙ Remedies will not be limited to freedom of choice plans or “walk in” schools.
∙ Quotas may be employed in the assignment of teachers, pupils, redistricting, and court-ordered busing.
∙ Not every school must reflect the special composition of the school system as a whole.

85. Identify the four developments that made it possible to break the deadlock between the agenda-setting and coalition-
building aspect of the civil rights movement.
ANSWER: ∙ Public opinion began to change.
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∙ The media portrayal of protests and violence had an impact.

∙ John F. Kennedy was assassinated.
∙ The 1964 elections brought Lyndon Johnson to the presidency with large Democratic majorities.

86. Indicate the factors that are considered in gender discrimination cases specifically, as a result of a 1971 case regarding
the administration of estates.
ANSWER: ∙ Gender discriminations must be reasonable, not arbitrary.
∙ Discriminations must rest on some real ground of difference between men and women.
∙ They must be reasonably related to some legitimate legislative goal.
∙ When all is said and done, similar persons must be treated similarly.

87. Identify, define, and explain the three standards that the Supreme Court uses in discrimination cases.
ANSWER: ∙ Reasonable standard: Policy must use reasonable means to achieve a legitimate legislative goal.
∙ Intermediate scrutiny: Policy must serve an important governmental interest and be substantially related to
that interest.
∙ Strict scrutiny: Policy must be narrowly tailored and use the least restrictive means to achieve a compelling
governmental interest.

88. Explain how the Supreme Court ruled that persons have “right to privacy” in Griswold and how this ruling affected
the Court’s decision in Roe v. Wade.
ANSWER: In Griswold, the Court ruled that even though the right to privacy isn’t specifically listed in the Constitution, it
exists as a “penumbra” in various provisions of the document. The “right to privacy” is broad enough to
encompass a woman’s decision whether or not to terminate a pregnancy in the first trimester.

89. Summarize the two forms of sexual harassment defined in rulings by the Equal Employment Opportunities
Commission.
ANSWER: ∙ It is illegal for someone to request sexual favors as a condition of employment or promotion.
∙ It is illegal for an employee to experience a work environment that has been made hostile or intimidating by a
steady pattern of offensive sexual teasing, jokes, or obscenity.

90. The Supreme Court’s deep division over affirmative action is evident in its opinions. Give five general standards that
seem to be emerging from its decisions.
ANSWER: ∙ Quota systems by state or local governments will be given strict scrutiny.
∙ Quotas cannot be used by state or local governments without a showing that they are necessary to correct
actual past or present discrimination.
∙ The showing of statistical disparities is not enough; specific discriminatory practices must be identified.
∙ Quotas or preference systems created by federal law will be given deference.
∙ Voluntary preference systems are easier to justify.
∙ Systems that involve hiring or promotion are preferable to those that require persons to be laid off.

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