Exam one

• 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

• 1857
• Dred Scott ruled not a citizen (no standing to sue in Fed Court)
• Taney further holds M. Compromise unconstitutional

• 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

• 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

• 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

• 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

• 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"

• 1852
• Harriett Beecher Stowe
• abolitionist novel
• inspires spread of abolitionist movement 1850's

• 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

• 1850
• Federal law req. free states to return runaway slaves

• 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"

Positive government action (eg laws) to protect individuals against arbitrary or discrimnatory treatment

• December 6th 1865
• outlaws slavery/ involuntary servitude within Jurisdiction of United States

• 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

• repeals 3/5 clause Article One Section ii
• Penalizes states who abridge right to vote by reducing representation by equal proportion

• July 9th 1868
• Prohibits Officers/Agents of Confederacy from attaining to office w/o 2/3 consent of congress

Validates Union war debt, invalidates confederate debt

• February 3rd 1870
• Prohibits States from denying right to vote based on race or color

• 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

• 1883
• Upheld anti-miscegination in alabama
• Held punishment equal because both the white def and black def were punished equally

• 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

• 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

• 1908
• Separate but equal applies to public schools

• 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

• 1917
• state and city imposed residential segregation unconstitutional (14th)
• "elemental to acquire, use, and dispose of property

• 1927
• exclusion from Democratic Primary constitutes abridgment of suffrage rights under 14th and 15th amendments
• race cannot be a statutory classification

• 1932
• Failure to provide counsel deprives defendants due process (criminal cases)

• 1935
• states cannot systematically assign jurors based on race

• 1936
• confessions extorted by violence/coercion violates Due Process Guarantee

• 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

• 1946
• Executive Order by Truman created committee on civil rights

• 1948
• Private Covenants constitutional, but not state enforcement of them; Equal Protection

• 1950
• State can't treat McLaurin differently once he is in school
• Does not address broader separate but equal issue

• 1950
• separate law schools that are not substantially equal
• violate equal protection

• 1950
• Equal Protection requires equal treatment on Federally regulated trains

• 1951
• Prohibits discrimination in government contracts

• 1954
• Held separate but equal per se violates equal protection
• applies to taxpayer funded schools
• Overturns Plessy v. Ferguson

• 1955
• Orders desegregation with all deliberate speed

• 1956
• 14th amendment Equal Protection outlaws separate tax funded bus systems

Largely ineffective attempt to secure voting rights for African Americans in the south

• 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

• elected Governor GA 1962
• "Segregation Now, Segregation Tomorrow, Segregation Forever..."

• 1976
• Liquor laws cannot discriminate based on sex

• 1978
• Affirmative action legal
• not quotas

• 1964
• Congress has right to regulate private activity to promote/protect interstate commerce (Commerce Clause)
• Article I Section 8

• 1993
• Title VII CRA 1964
• Held that a hostile work environment constitutes harassment and discrimination

• 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)

• 1997
• undue institutionalization constitutes discrimination under ADA
• lack of funds not an excuse

• 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

• 2003
• Overturned Bowers v. Hardwick
• intimate sexual conduct covered by 14 (due process)

• 2003
• Undergrad UM admissions quota system ruled unconstitutional (Bakke)

• 2003
• UM Law School program constitutional, not a quota system
• pursuit of diversity "compelling state interest"

• required for classifications other than protected and quasi suspect
• state must demonstrate a legitimate state purpose

• Used for quasi suspect classes such as gender
• substantial relationship to an important state interest

• Applys to "suspect classifications"
• shifts burden to the state to show compelling interest