Unit 3

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Why do you think the Philadelphia convention declined to establish nationwide qualifications for suffrage?

African Americans, whether slave or free were seen as second class citizens and deemed inherently less intelligent than whites

What was Thomas Paine's position on the property requirement for voting?

An animal is a piece of property. At one minute the man has the right to vote, but as soon as it dies his right is lost.

What was the role of congress in extending the right to vote to Native Americans?

Dawes Act: assured citizenship to Native Americans willing to give up their tribal affiliations Indian Naturalization Act: granted citizenship to Native Americans in an applicaiton process similar to immigrant naturalization

What are the differences between equality of condition and equal protection of the laws?

Difference - 14th amendment does not protect condition (it would violate equal protection to pursue equality of condition)

Alternatives to photo ids

Each applicant must submit either her driver's license number of the last four digits of her social security number (if she has such numbers) when registering to vote. Because neither number is publicly available, the individual presenting the number will reliably be the individual attempting to register. If the state can determine that the applicant's information matches an existing state record, the individual's identify is safely verified.

What standards should courts apply in resolving conflicts between 1st Amendment rights and equal protection guarantees?

However, this does not mean Equal protections should censor our right to freely speak

Disqualifying a female student in a public high school from participating on the boys' wrestling team.

Intermediate (gender)

Requiring drivers over age 75 or male drivers under age 25 to take an annual driver's exam.

Intermediate (gender)

Rejecting an 85 pound woman from admission to the firefighters' academy.

Intermediate (woman)

The 3 levels of scrutiny

Intermediate Scrutiny: Classification based on gender and illegitimacy fit under this category. Governments that distinguish between groups because of gender or illegitimacy must prove that the laws are substantially related to an important government purpose. Using this standard, in Craig v. Boren (1976) the court struck down an Oklahoma law that permitted women to buy 3.2 percent beer at age 18 but required men to be age 21. It held that the gender-based distinction was not substantially related to the state's interest in promoting traffic safety. However, in Rostker v Goldberg (1981) the court upheld a federal statute excluding women from the military draft on the ground that women were barred from combat.

What level of judicial scrutiny should apply to claims of discrimination based on sexual orientation? Why?

Intermediate: Opponents of gay rights often put forth society's interest in procreation as a reason homosexual relationships should be discouraged. if this were a legitimate interest of society, then society also would have rational reason to discriminate against infertile individuals and postmenopausal women. When it comes to banning same-sex marriage,the state can't to be protecting any legitimate interest

With what arguments did the court abandon the doctrine in Brown v Board of Education?

It was damaging to the African American students psychologically.

What reasons can you give for providing the right to vote for citizens 18 and older?

Many 18 year olds are more informed than older people. They are exposed to so much more about the election on the internet and with social media and most take some type of government class in school

What were the effects of the "separate but equal" doctrine?

Plessy v. Ferguson: Plessy v. Ferguson, 163 US 537 (1896) was a landmark constitutional law case of the US Supreme Court. It upheld state racial segregation laws for public facilities under the doctrine of "separate but equal".[1] The decision was handed down by a vote of 7 to 1 with the majority opinion written by Justice Henry Billings Brown and the dissent written by Justice John Marshall Harlan

Identify other situations that also may raise conflicts between equal protection guarantees and other constitutional rights.

Religious beliefs. Constitution: Gay marriage,

What was the separate but equal doctrine? How did the Supreme Court further the doctrine in Plessy v Ferguson?

Segregation does not violate the equal protection clause. It is constitutional to have black and white facilities.

How should the line be drawn between private organizations (which are not covered by the equal protection clause) and public action when the private organization receives government financial support, as Boy Scouts of America does?

They should not be held accountable to equal protection at all cuz they are private

People between the ages of 18 and 25 vote less often than any other age group. Why do you think this is so?

Think their vote doesn't matter and that politics is not relevant to their lives

What do we do about Muslim women

While the rules are different in every state, in many states women are allowed to keep their head covering on as long as their face is fully visible. This way their freedom of religion is not compromised and they are still able to receive their photo id

Should private organizations be free to exclude people upon the basis of such factors as race, gender, ethnicity, or physical characteristics?

Yes (It is equal protection of the LAW so it only applies to government organizations). For example private clubs and religious organizations

Should the voting age be lowered even further? If so, how low and why? If not, why not?

Yes because younger teenageers pay taxes. Anyone with a job pays income tax and surveys say 80% of teenagers work at some point before graduation. Things like sales tax affect teenagers just like they do adults.

What criteria should be used for determining whether changes in the franchise should be made constitutionally or by statute? Why?

a constitutional change should be made if minorities are being disenfranchised

Do you agree with Voter Id?

against because the majority of voter fraud occurs in absentee ballots and you aren't required to show an id if you vote absentee, so it doesn't even help anything. Voter fraud at the ballot rarely happens/people usually

What arguments can you make for removing or denying the franchise to particular groups or individuals? Explain your reasoning.

age

What criteria, if any, should be used for denying a citizen the right to vote?

age

Privileges and Immunities examples

emergency services: still have access to 911 in other states

Plyer v. Doe

equal protection clause does not specify citizens "nor deny to any person within its jurisdiction the equal protection of the laws."

Transgender rights

intermediate (gender stuff)

What processes did women use to obtain the right to vote? What factors explain why it took women more than three generations to secure the franchise?

it took women so long to vote because many abolitionists and males believed fighting for women's suffrage would set back the cause for former slaves

What reasoning supported tying the right to vote to property ownership? Is that reasoning still valid today? Why or why not?

no it is not still valid today because such a requirement would be a violation of the equal protection clause and would blatantly discriminate against the lower class or even teenagers who are too young to own property

23rd amendment

people in DC can vote

What principles of American constitutional government are served by expansion of the franchise?

popular sovereignty because the more the franchise is expanded, the better it represents the people

How have states differed in expanding the franchise?

some states have been more open to change than others and have changed their own laws before voting amendments to the constitution were passed. For example, women in Utah could vote in 1869, but the 19th amendment was not passed until 1920

Affirmative Action

totally for because increases diversity on college campuses and opens up a better marketplace for ideas. although white men make up only 48% of the college-educated workforce, they hold over 90% of the top jobs in the news media, 96% of CEO positions, 86% of law firm partnerships, and 85% of tenured college faculty positions.

19th amendment

women can vote: The Nineteenth Amendment (Amendment XIX) to the United States Constitution prohibits any United States citizen from being denied the right to vote on the basis of sex. It was ratified on August 18, 1920. Until the 1910s, most states disenfranchised women. The amendment was the culmination of the women's suffrage movement in the United States, which fought at both state and national levels to achieve the vote. It effectively overruled Minor v. Happersett, in which a unanimous Supreme Court ruled that the Fourteenth Amendment did not give women the right to vote.

Should illegal immigrants be allowed to vote?

yes because they do pay some taxes like sales tax and therefore if they are not allowed to vote it would go back to the argument no taxation without representation that this country was founded on

Are voter id's discriminatory?

yes but not necessarily for black people. It discriminates against religions such as women with their hijabs

Should felons be allowed to vote?

yes they should vote because they're a citizen and what happens when you say certain citizens can't vote it all goes downhill from there


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