Exam one

  1. Loving v. Virginia 1967
    state action
    • Virginia's statutory scheme to prevent marriages between persons solely on the basis of racial classifications held to violate
    • Equal Protection
    • Due Process Clauses of the Fourteenth Amendment
  2. Dred Scott v. Sanford
    • 1857
    • Dred Scott ruled not a citizen (no standing to sue in Fed Court)
    • Taney further holds M. Compromise unconstitutional
  3. Civil Rights Cases
    • At issue 1875 Civil Rights Law
    • Held that Congress has no authority under 13/14 to enact CRA 1875
    • CRA violated Tenth amendment
    • 13/14 aimed at state action, not private wrong
    • Set the stage for Jim Crow
  4. Plessy v. Ferguson
    • Held
    • 14 intended to address legal wrongs; equality cannot be legislated
    • Exercise of police power is reasonable when conformed to social norms
    • Separate but equal ruled to be a constitutionally valid standard
  5. Shelley v. Kramer
    • Private covenants which discriminate are constitutional up to the point at which courts enforce them (constituting state action)
    • State action in this regard constiututes denial of equal protection of the laws
    • right to own, enjoy, acquire, dispose of property, etc. essential to basic enjoyment of rights under 14th amendment
  6. NAACP
    • Founded 1909
    • National Association for the Advancement of Colored Persons
    • express purpose to use the legal system to challenge lynching laws and Jim Crow
    • major player in civil rights to this day
  7. Jim Crow
    • set of laws enacted 1880's on (after Civil Rights Cases 1883) to segregate and discriminate based on skin color mainly in the south
    • Established de jure segregation; ostensibly "separate but equal"
  8. Uncle Tom's cabin
    • 1852
    • Harriett Beecher Stowe
    • abolitionist novel
    • inspires spread of abolitionist movement 1850's
  9. Kansas Nebraska Act
    • 1854
    • Creates Kansas and Nebraska
    • Replaces M. Compromise scheme
    • Codifies popular sovereignty in statute
    • states may choose to be free or slave
    • Republican party formed in opposition
  10. Fugitive Slave Law
    • 1850
    • Federal law req. free states to return runaway slaves
  11. Missouri Compromise
    • 1820
    • dealt with prospect of slavery in new territories
    • sought maintenance of balance of power b/t N. and S
    • forbid slavery north of 36'30"
  12. Civil Rights
    Positive government action (eg laws) to protect individuals against arbitrary or discrimnatory treatment
  13. 13th amendment
    • December 6th 1865
    • outlaws slavery/ involuntary servitude within Jurisdiction of United States
  14. 14th amendment
    • all persons born or naturalized are citizens
    • states shall not deprive citizens of
    • privileges and immunities of us (eg Bill of Rights)
    • Due Process of Law
    • Equal Protection of laws
  15. 14th amendment
    • repeals 3/5 clause Article One Section ii
    • Penalizes states who abridge right to vote by reducing representation by equal proportion
  16. 14th amendment
    • July 9th 1868
    • Prohibits Officers/Agents of Confederacy from attaining to office w/o 2/3 consent of congress
  17. 14th Amendment
    Validates Union war debt, invalidates confederate debt
  18. 15th Amendment
    • February 3rd 1870
    • Prohibits States from denying right to vote based on race or color
  19. US v. Cruikshank
    • March 1875
    • Bill of Rights not incorporated to states
    • 14th amendment applied to state action only, does not give congress power to criminalize individual behavior
  20. Pace v. Alabama
    Pace v. State
    • 1883
    • Upheld anti-miscegination in alabama
    • Held punishment equal because both the white def and black def were punished equally
  21. Cross subsidization
    • Incentivization of low level economic activity by the government
    • (health care, education)
    • Keeps labor costs low
    • Mexico/Employers benefit
    • Remittances
    • Takes pressure off of Mexican system
  22. PRI
    • Institutional Revolutionary Party
    • Single party ruled Mexico for 70+ years (1929-2001)
    • Alleged root cause for corruption and stagnation
    • Alleged underlying cause of massive emigration to US
  23. Berea College v. Kentucky
    • 1908
    • Separate but equal applies to public schools
  24. Bailey v Alabama
    • 1910
    • 13/14 proscribes states from criminalizing sharecroppers who default or fail to meet obligations of contracts
    • holds that statute amounts to establishment of a system of involuntary servitude
  25. Buchanan v Warley
    • 1917
    • state and city imposed residential segregation unconstitutional (14th)
    • "elemental to acquire, use, and dispose of property
  26. Nixon v. Herndon
    • 1927
    • exclusion from Democratic Primary constitutes abridgment of suffrage rights under 14th and 15th amendments
    • race cannot be a statutory classification
  27. Powell v. Alabama
    • 1932
    • Failure to provide counsel deprives defendants due process (criminal cases)
  28. Norris v. Alabama
    • 1935
    • states cannot systematically assign jurors based on race
  29. Brown v. Mississippi
    • 1936
    • confessions extorted by violence/coercion violates Due Process Guarantee
  30. Missouri ex rel. Gaines v. Canada
    • 1938
    • Missouri's failure to provide a law school for African Americans constitutes unequal protection of the laws
    • So long as Missouri furnished a law school for whites within in its own borders it must furnish the same consideration to Mr. Gaines
  31. Executive Order 9809
    • 1946
    • Executive Order by Truman created committee on civil rights
  32. Shelly v. Kramer
    • 1948
    • Private Covenants constitutional, but not state enforcement of them; Equal Protection
  33. McLaurin v. Oklahoma State Regents
    • 1950
    • State can't treat McLaurin differently once he is in school
    • Does not address broader separate but equal issue
  34. Sweatt v. Painter
    • 1950
    • separate law schools that are not substantially equal
    • violate equal protection
  35. Henderson v. US Interstate Commerce Commission
    • 1950
    • Equal Protection requires equal treatment on Federally regulated trains
  36. Executive Order 10308
    • 1951
    • Prohibits discrimination in government contracts
  37. Brown v. Board of ed. Topeka, KS
    • 1954
    • Held separate but equal per se violates equal protection
    • applies to taxpayer funded schools
    • Overturns Plessy v. Ferguson
  38. Brown v. Board
    • 1955
    • Orders desegregation with all deliberate speed
  39. Bowder v. Gale
    • 1956
    • 14th amendment Equal Protection outlaws separate tax funded bus systems
  40. 1957 Civil Rights Act
    Largely ineffective attempt to secure voting rights for African Americans in the south
  41. Cooper v. Aaron
    • 1958
    • Debunks "nullification" argument and reaffirms Brown under the supremacy clause (Article VI Section ii)
    • Governors of states cannot "nullify" Federal Judges rulings or congressional statute
  42. George Wallace
    • elected Governor GA 1962
    • "Segregation Now, Segregation Tomorrow, Segregation Forever..."
  43. Craig v. Boren
    • 1976
    • Liquor laws cannot discriminate based on sex
  44. Regents of UC Davis v. Bakke
    • 1978
    • Affirmative action legal
    • not quotas
  45. Heart of Atlanta Motel v. U.S.
    • 1964
    • Congress has right to regulate private activity to promote/protect interstate commerce (Commerce Clause)
    • Article I Section 8
  46. Harris v. Forklift Systems
    • 1993
    • Title VII CRA 1964
    • Held that a hostile work environment constitutes harassment and discrimination
  47. Romer v. Evans
    • 1996
    • State cannot discriminate against a protected group
    • Prop 2 sought to prevent antidiscrimination laws from applying to homosexuals, thus denying them protections others enjoy
    • Colorado Amendment doesn't even pass rational basis test (let alone strict scrutiny)
  48. Olmstead v. L.C.
    • 1997
    • undue institutionalization constitutes discrimination under ADA
    • lack of funds not an excuse
  49. Bowers v. Hardwick
    • 1985
    • upholds proscription against sodomy in Georgia
    • "no constitutional right to engage in sodomy"
    • regulation of moral conduct within state police power
    • no privacy right to sodomy
  50. Lawrence v. Texas
    • 2003
    • Overturned Bowers v. Hardwick
    • intimate sexual conduct covered by 14 (due process)
  51. Gratz v. Bollinger
    • 2003
    • Undergrad UM admissions quota system ruled unconstitutional (Bakke)
  52. Grutter v. Bollinger
    • 2003
    • UM Law School program constitutional, not a quota system
    • pursuit of diversity "compelling state interest"
  53. Rational Basis/Minimum Scrutiny
    • required for classifications other than protected and quasi suspect
    • state must demonstrate a legitimate state purpose
  54. Heightened Scrutiny
    • Used for quasi suspect classes such as gender
    • substantial relationship to an important state interest
  55. Strict Scrutiny
    • Applys to "suspect classifications"
    • shifts burden to the state to show compelling interest
Card Set
Exam one
Civil Rights SCOTUS cases