unit 2 cases & papers

What is the timeline the Court sets for implementation of these plans in Brown II? 3 word phrase - fill in the blanks: " __________ _____________ speed

all deliberate speed

what is the trimester schema in roe v wade

(a) For the stage prior to approximately the end of the first trimester, the abortion decision and its effectuation must be left to the medical judgment of the pregnant woman's attending physician. (b) For the stage subsequent to approximately the end of the first trimester, the State, in promoting its interest in the health of the mother, may, if it chooses, regulate the abortion procedure in ways that are reasonably related to maternal health. (c) For the stage subsequent to viability, the State in promoting its interest in the potentiality of human life [p165] may, if it chooses, regulate, and even proscribe, abortion except where it is necessary, in appropriate medical judgment, for the preservation of the life or health of the mother

In the Court's interpretation of the 14th Amendment in plessy v ferguson, they state that the amendment aims to enforce absolute racial equality before the law, but what kind of equality does the amendment not try to achieve? Why?

- Not have been intended to abolish distinctions based upon color, or to enforce social, as distinguished from political,, equality, or a commingling of the two races upon terms unsatisfactory to either

in roe v wade Why does the Court hesitate to define when life begins?

- When those trained in the respective disciplines of medicine, philosophy, and theology are unable to arrive at any consensus, the judiciary, at this point in the development of man's knowledge, is not in a position to speculate as to the answer

What two parts of the Constitution does Plessy say that the LA law violates?

13th amendment: abolishes slavery - 14th amendment: prohibits certain restrictive legislation on the part of the States

What two interests do the states have in limiting abortion in roe v wade

A. Preserving and protecting the health of the pregnant woman B. Protecting potentiality of human life

1. What three reasons led to the proliferation of abortion restrictions, according to Blackmun in roe v wade

A. Product of a Victorian social concern to discourage illicit sexual conduct B. Abortion as a medical procedure - hazardous for women C. State's interest in protecting prenatal life

When do the state's two interests become compelling in roe v wade? Why? What kind of regulation is permitted at this point

Become compelling as the woman approach term and at a point during pregnancy - at the end of first trimester, a state may regulate abortion procedure to the extent that the regulation reasonable relates to the preservation and protection of maternal health (permissible state regulation) - period of pregnancy prior to the compelling point the attending physician, in consultation with his patient is free to determine without regulation by the State that the patient's pregnancy should be terminated - compelling point is viability

What is the "fallacy" of Plessy's appeal, according to Justice Brown?

Consist in the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority

How has education changed since the Plessy case, and why does this warrant revisiting the ruling, according to Warren in brown v BOE

Negro and white schools involved have been equalized with respect to buildings, curricula, qualifications, and salaries of teachers and other "tangible" factors. Must look instead to the effect of segregation itself on public education

in roe v wade Is a fetus a person under the Constitution? Why or why not?

No, the use of the word person is such that is has application only post-natally

In his discussion of the electoral college in federalist 68, Publius also names some of the qualities he expects to see in qualified candidates for the presidency. What are some of these qualities?

Talents for low intrigue, and the little arts of popularity, may alone suffice to elevate a man to the first honors in a single State; but it will require other talents, and a different kind of merit, to establish him in the esteem and confidence of the whole Union, or of so considerable a portion of it as would be necessary to make him a successful candidate for the distinguished office of President of the United States

in federalist 68 Why does Publius think the electoral college would be more stable than direct, popular election?

The choice of several to form an intermediate body of electors will be much less apt to convulse the community with any extraordinary or violent movements than the choice of one who was himself to be the final object of the public wishes. Exposed much less to heats and ferments

What kind of evidence does the Court look to when it rules that separate facilities are inherently unequal in brown v BOE

a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone. Segregation of white and colored children in public schools has a detrimental effect upon the colored children

Why is the right to an abortion not an absolute one in roe v wade

a state may properly assert important interests in safeguarding health, in maintaining medical standards, and in protecting potential life

. According to the SC, why doesn't the segregation ordinance violate the 13th Amendment in plessy v ferguson

a statue which implies merely a legal distinction between the white and colored races - a distinction which is founded in the color of the two races and which must always exist so long as white men are distinguished from the other race by color - has no tendency to destroy the legal equality of the two races or reestablish a state of involuntary servitude

. What are some of the circumstances that may reasonably delay desegregation, according to the Court in brown v BOE

administration, arising from the physical condition of the school plant, the school transportation system, personnel, revision of school districts and attendance areas into compact units to achieve a system of determining admission to the public schools on a nonracial basis, and revision of local laws and regulations which may be necessary in solving the foregoing problems

To whom does the primary responsibility fall for addressing and articulating the problems posed by desegregation in particular school districts in brown v BOE

courts which originally heard these cases can best perform this judicial appraisal. School authorities have the primary responsibility for elucidating, assessing, and solving these problems. Courts will have to constitute good faith implementations of the governing constitutional principles

According to Justice Harlan's dissent in plessy v ferguson, in addition to outlawing slavery, what else does the 13th Amendment do?

does not permit the withholding or the deprivation of any right necessarily inhering in freedom. It prevents the imposition of any burdens or disabilities that constitute badges of slavery or solitude

In what ways does prohibiting abortion place a burden on women, according to Blackmun in roe v wade

maternity may force upon the women a distressful life and future - psychological harm - mental and physical health may be taxed by child care - distress associated with the unwanted child and problem of bringing a child into a family already unable, psychologically and otherwise, to care for it - unwed motherhood

The Court says states can outlaw abortion in the 3rd trimester except in certain cases in roe v wade. What are these exceptions?

necessary to preserve the life or health of the mother

What does Harlan mean by a "color-blind" Constitution in plessy v ferguson

neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law

What does the term "equity" mean in brown v BOE

practical flexibility in shaping its remedies and by a facility for adjusting and reconciling public and private needs

in federalist 68, How many electors does each state get?

that the people of each State shall choose a number of persons as electors, equal to the number of senators and representatives of such State in the national government, who shall assemble within the State, and vote for some fit person as President.

According to Publius in federalist 68, what source of corrupt influence is most worrisome? How does the electoral college guard against this threat

the most deadly adversaries of republican government might naturally have been expected to make their approaches from more than one querter but chiefly from the desire in foreign powers to gain an improper ascendant in out councils - they have not made the appointment of the president to depend on any preexisting bodies of men who might be tampered with beforehand to prostitute their votes but they have referred it in the first instance to an immediate act of the people of America to be exerted in the choice of persons for the temporary and sole purpose of making the appointment

Why does Publius think electors (aka the electoral college) will be best equipped to identify who would make the best candidate for President in federalist 68

will be most likely to possess the info and discernment requisite to such complicated investigations