Exam #2

Affirmative Action

(Positive steps) Initiated by P. Johnson, as a way to "remedy" effects of long-term past discrimination. - This would help minorities and women who had been systematically excluded from some areas (education, job, public) and could now receive some relief.

AntiFederalist - Bill of Rights

- A BOR was necessary in order to protect individual rights, which are not listed in the original constitution

2nd Amendment

Right to keep and bear arms

"If the State is interested in protecting fetal life after viability, it may go so far as to proscribe abortion during that period, except when it is necessary to preserve the life or health of the mother."

Roe V. Wade

Missouri Compromise

an agreement between pro-slavery and anti-slavery factions in the United States concerning the extension of slavery into new territories - Everything above Missouri line were free states, below could vote on whether they want a free state or not - Over turned by the Kansas-Nebraska Act

10th Amendment

The powers not delegated to the United States by the Constitution are reserved to the States

Selective Incorporation Doctrine

Judicial doctrine that applies the Bill of Rights (one right at a time) to state and local governments by incorporating them into the concept of liberty in the 14th Amendment's Due Process Clause (which is binding on the states)

Full Faith and Credit Clause

Law that says states must uphold documents from other states (ex. marriage license, birth certificate)

"The petitioners are entitled to respect for their private lives. The State cannot demean their existence or control their destiny by making their private sexual conduct a crime."

Lawrence V. Texas

Sexual Harassment - According to the law

- Quid pro quo (employee being promoted, raise, ect.. for a sexual benefit) - Hostile work environment (A person who finds their workplace to be sexually charged, or so uncomfortable that they are unable to do their job)

Federalist - Bill of Rights

- The constitution did not need a BOR because people kept any power that wasn't given to the government

Title IX

A United States law enacted to states: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."

Robin Hood Plan

A plan for equalizing financial support for school districts by transferring tax money from rich districts to poor districts

The New Deal

A series of reforms enacted by the Franklin Roosevelt administration with the goal of ending the Great Depression - One of the many growths in Federalism since the Civil War - Social security, FDIC, farm subsides

Nullification

A state's refusal to recognize an act of Congress that it considers unconstitutional - Created by John C. Calhoun

13th Amendment

Abolition of slavery

Horizontal Federalism

Activities, problems, and policies that require state governments to interact with one another

Lawrence V. Texas

Background - 1989 SC upheld a decision in which a male engaged in sodomy to a woman. Texas also says that "deviance sexual intercourse" if it takes place between people of the same sex is LEGAL but different sex is illegale. Facts - Two men were found doing sexual activities by a Texas police officer. Results - SC struck down this Texas law because it held that all "consenting adults" have a right to privacy to engage in any sexual acts they shall choice and the govrnmnt has no business there.

Fedrick Douglas

Black man born a slave - Spent his life fighting for civil rights - Gave a speech on July 4th about how hypocritical the US is to celebrate freedom when half the country isn't free

"We conclude that, in the field of public education, the doctrine of "separate but equal" has no place. Separate education facilities are inherently unequal"

Brown V. Board of Education

15th Amendment

Citizens cannot be denied the right to vote because of race or color

27th Amendment

Limits the power of Congress to increase its own salaries

26th Amendement

Lowered the voting age to 18

14th Amendment

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws

Defense of Marriage Act

Declares that states are not obligated to recognize any same sex marriages that might not be legally sanctioned in other states - Defined that marriage was between male and female when it comes to federal law/purposes

Americans with Disabilities Act

Defined disability as: - A physical or mental impairment that limits one or more major life activities - A record of such impairment - Being "regarded" as having an impairment This addressed accommodations in the work place, public, ect..

US V. Windsor

Edith Windsor and Thea Spyer met in 1963, lived together as a couple for over 40 years, bought a house and apartment, married in Toronto in 2007. Dr. Speyer died, leaving everything to Windsor. Estate owed $363,053 in federal estate tax and did not provide a marital deduction as it would have for a married couple. NY recognized the marriage as legal. Facts - Results - Justice Kennedy ruled that the DOMA violates the Equal Protection Clause because it discriminates against gays and lesbians. He said that DOMA was based on "impermissible hostility" to gays and lesbians and that was not a sufficient justification of a discriminatory stature.

19th Amendment

Extended the right to vote to women in federal or state elections

Arizona V. US

Facts - Arizona passed their own law to deal with immigration. This law forbids the completion of the alien registration document, the ability for aliens to work, ect.. Results - Struck down because the Constitution gives the Enumerated power over all immigration. (preemption)

Civil Rights Act - Public Accommodations

Made it illegal to discriminate within public places (hotels, movie theaters, restaruants)

Sherman Antitrust Act

Made monopolies that were in restraint of trade in interstate commerce illegal. - Prevented companies from controlling all of the goods

Regents V. Bakke

Facts - Bakke (white) wanted to get into medical school but didn't. He blamed the school for setting up a system that would accept more minorities/women to the school so that these people could help others. 16/100 seats into the class each year were reserved for those recognized as a minority race. Bakke claimed that he didn't have the opportunity to compete for the 16 - unfair/unequal Question - Is California medical school discriminating against Bakke? Is their states goal a compelling issue? Results - SC agreed that the idea that the medical school has to broaden the medical field is a fair concern, but we don't like the rigid quota system that the school uses. It is okay to consider ethnicity - but not constitutional to define them to a number or quota

U.S. v. E.C. Knight

Facts - EC Knight was a sugar refining factor who joined with 3 other companies that was creating over 95% of sugar in the United States. Congress says that this was a monopoly and violated the Sherman Antitrust Act Results - Supreme Court recognized that the EC Knight Company was a monopoly and in restrained trade but, the court severely limited the Sherman Act by ruling that manufacturing is not commerce, because the goods have not started to move yet, it is only being made.

Wickard V. Filburn

Facts - Farming is too high so prices were tanking, this didn't help the economy. Agricultural Adjustment Act of 1938 helped stabilize the supply & demand. Filburn was a farm and was told that if he only sold how much the Agriculture Department told him that they would guarantee $1.20 for the product. Exception - if you produce more wheat then needed, you must store it in a government storing building and must pay extra. Fimler argued that wheat that never leaves his farm is not interstate commerce. Results - Supreme Court held that wheat grown on the farm and kept there for use as feed and see, could be regulated by Congress because it had an economic effect on the broader area of interstate commerce in wheat (The Commerce Power is as broad as the economic needs of the nation)

Gibbons v. Ogden

Facts - Gibbons and Ogden, former partners, began to complete in the steamboat business. Ogden had an "executive right" (monopoly) to use New York ports, granted by the state. Gibbons simply had a Federal Coastal Navigation License - as required by the U.S. Congress. Question - What state and federal law are in conflict over Commerce, which law should prevail? Results - John Marshall ruled that Congress has executive power over commerce (striking down state law - shows use of broad powers)

Gonzales v. Raich

Facts - Gonzalez has a license to grow medical marijuana in California, one of 9 states that allow this. Her excess plants were given to a protected facility. The Controlled Substances Act (Federal Law) identifies marijuana in this act. Federal authorities took all of Gonzalez's plants away. Gonzalez argued that her plants did not affect interstate commerce. Results - SC ruled that Congress can use commerce power to regulate purley local activities that are part of an economic "class of activities" that have substantial effect on interstate commerce. SC also ruled that Federal commerce power supersedes state law.

South Dakota V. Dole

Facts - Government wanted to raise legal drinking age to 21. South Dakota allowed drinking at age 19. Government decided that the federal highway funds will be cut by 5% for any state that has a drinking age lower than 21. South Dakota said that the federal government couldn't mess with an internal state matter by giving an ultimatum. Questions - Is it permissible for the federal government to place conditions on states that accept federal funds? Results - Yes - Congress power to spend money allows Congress to set the rules. Congress may place "strings" of federal grant until it reaches the level of coercion, for which they would be unfairly punished if they didn't follow government wishes.

Grutter V. Bollinger

Facts - Michigan Law School openly said that ethinic diversity was included in the decision. Every year the law school would expect around 10%-17% of minorities into the school. Question - Is this constiutional? Results - SC ruled that this is good affirmative action and is not unconstitutional. It is fair to consider race in the equation for school acceptance.

US V Darby

Facts - The Fair Labor Standards Act of 1938 (signed by FDR as part of New Deal) provided for a national minimum wage of .25 per hour and a mandatory maximum of 44-hour work weeks. This was it's way to help "all workers whose jobs affected interstate commerce". This also prohibited employment of children in interstate commerce. Darby Lumber company was a company in Georgia that processed timber into lumber that was then shipped to other wholesalers. They argued that their work did not have an impact on interstate commerce so they refused to follow FLSA standards Results - The FLSA is a constitutional use of the congressional power to regulate commerce. SC ruled that it did not matter whether something is called, "production", "manufacturing", "marketing", or anything else. Ruled that Congress can regulate anything that has "an economic impact on commerce"

San Antonia Independent School District v. Rodriguez

Facts - Those areas that have nice property, received a lot of money to spend for school but lower areas do not get a lot of money. Parents of Edgewood students filed a lawsuit against Texas for providing students with Equal Protection because their education is being hindered by the amount of money that the school district has. Question - Is the Texas system of financing public education based on property tax unconstitutional? Results - Court rejects Strict Scrutiny arguments because wealth is not a suspect classification and education is NOT a fundamental constitutional right. Ruled that the Texas system is rational, even though it is discriminatory. It is not the US Constitution that gives the right to an equal education - so SC can' t rule against Texas. Case Take to Texas SC: Supreme Court finds the Texas system unconstitutional (for the state of Texas). This created the Robin Hood plan

US V. Virginia VMI

Facts - VMI was a military school that only accepted men. Virginia argued that adding women to the mix would mess up the training systems used at the school. Results - In order for Virginia to maintain a male only university, they must have an "exceedingly persuasive justification". SC ruled that Virgnia had not supplied that so must open doors to women

Heart of Atlanta Motel V. US (1996)

Facts: LBJ had recently signed the Civil Rights Act that included a Public Accommodation Section. SC charged Heart of Atlanta Motel with violating this act (only accepting Whites) Question: Can congress, in the Civil Rights Act, use it's commerce powers to end racial discrimination in the area of public accomodations? Results: Congress may remove any obstruction to the flow of interstate commerce (motels have an economic impact on commerce)

US v. Lopez

Facts: Wanted to make schools safer areas, so created 'Federal State Safe Zone" that made the possession of a firearm, inside this area, illegal. Lopez was arrested in San Antonio school district for carrying a gun. Question: Can Congress pass the Federal Safe Streets Act that makes possession of a firearm in a "Safe School Zone" a federal crime on the grounds that firearm possession has an economic impact on commerce? Results: No. Commerce must regulate "economic activities," and firearm possession is not part of interstate commerce. SC ruled that congress is intruding into a purely local matter. (Showed limits to Commerce Power)

"Fellow citizens, ... [t]he existence of slavery in this country brands your republicanism as a sham, your humanity as a base pretense, and your Christianity as a lie."

Frederick Douglas on the 4th of July

"...any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him."

Gideon V. Wainright

How did John Marshall define commerce? In which case?

In Gibbons V. Ogden Marshall described commerce as intercourse, including both commodities and navigation

"If the States may tax one instrument, employed by the Government in the execution of its powers, they may tax any and every other instrument. They may tax the mail; they may tax the mint; they may tax patent rights; they may tax the papers of the custom house."

McCulloch V. Maryland

Ant-Federalists

People who were opposed to ratifying the new Constitution b/c they wanted a weak federal government - State rights - Jefferson - Strict construction (reserved powers & 10th amendment)

Eminent Domain

Power of a government to take private property for public use

John C. Calhoun

South Carolina Senator - Opposed the protective tarrifs and created nullification - After President Andrew Johnson threatened to send the NG to South Carolina, they repealed the nullification

Jim Crow Laws

State laws in the South that legalized segregation. Created poll tax and literacy tests to limit voting rights

Preemption Doctrine

The concept that federal law takes precedence over state or local law

Federalism

The constitutional division of power between two different levels of government (national & sub-national)

Federalist

Those who supported ratification of the Constitution - National supremacy - Hamilton - Broad construction of the constitution (implied powers & n&p clause) - John Marshall - Judicial Nationalism

"Women seeking and fit for a VMI-quality education cannot be offered anything less, under the Commonwealth's obligation to afford them genuinely equal protection"

US V. Virginia

Plessy v. Ferguson

a 1896 Supreme Court decision which legalized state ordered segregation as long as the facilities for blacks and whites were equal Facts - Plessy, black, was arrested for sitting in a white railroad car. SC ruled against Plessy

Suspect Classification

category or class, that triggers the highest standard of scrutiny from the Supreme Court - Race, color, national origon

Brown v. Board of Education

court found that segregation was a violation of the Equal Protection clause "separate but equal" has no place

24th Amendment

eliminated the poll tax as a prerequisite to vote in national elections (allowed more African Americans to vote)