POLI2010 Exam 2

What is the Reynolds v. US (1898) case?

What is the Reynolds v. US (1898) case?

George Reynolds was a member of the LDS who wad convicted of violating bigamy laws. The Supreme Court ruled that the free exercise of his faith did not justify violating anti-bigamy laws. Religious- motivated action could be regulated if gov. had a rational basis to do so.

What happened during the Cantwell v. Connecticut (1940) case?

The Supreme Court overturned the conviction of Jesse Cantwell for soliciting without a license. Incorporated free exercise protections to the states.

What happened during the Sherbert v. Verner (1963) case?

The court ruled that the state of South Carolina not deprive Adell Sherbert of her unemployment benefits because her religion forbid her from working on he Sabbath. Created the compelling government interest and least restrictive manner possible tests.

What was the Employment division v. Smith (1990) case?

The court ruled that the state of Oregon could deny Alfred Smith unemployment benefits after he was fired for using peyote as part of a religious ceremony. Created the valid neutral law and general applicability tests.

What does Free Exercise entail today?

Mostly following Smith test, less protective than Sherbert, still not completely settled, new cases and issues arise every year, and each case moves the policy boundaries.

What was the Emerson v. Board of Ed (1947) case?

The court upheld the use of public funding for bus transportation of students to both public and parochial student schools. Incorporated establishment clause protection to states. Policy had a secular purpose and an indirect link to religious activities.

Lemon v. Kurtzman (1971) case?

Established the Lemon test, for determining unconstitutional establishment.

1) Valid secular purpose

2) Primary effect neither inhibits nor advances religion.

3) Not foster excessive entanglement with religion.

Establishment today:

The lemon test technically still stands (gets interpreted very differently depending on particular circumstances), not very stable.

What can be said about the Right to Privacy?

The right to privacy is not specifically outlined in the Constitution or Bill of Rights. It has been established through decades of interpretation in various areas jurisprudence and statutory law. Some areas include: criminal, search and seizure, reproductive rights and sexual activity, and technology and surveillance.

What was the Griswold v. Connecticut (1965) case?

Estelle Griswold was arrested for operating a clinic that distributed contraception in violation of the 1879 state law prohibiting the use of contraception. The court overturned Griswold’s conviction and ruled the state law unconstitutional. The court reasoned that the use of contraceptives fell under a constitutional right to privacy. Said that this right emanated from provisions in the 1st, 3rd, 4th, 5th, 9th, and 14th amendments. 1st time a fundamental, constitutional right to privacy was acknowledged by the court.

What was the Roe v. Wade (1973) case?

Right to privacy extended to the right to abortion. 1st, 4th, 9th, and 14th Amendments protect an individual’s “zone to privacy” including contraception, childbearing, etc.

Dobbs v. Jackson Women’s Health (2022)?

Reverse Roe decision, no constitutional right to abortion access.

What was the Lawrence v. Texas (2003) case?

The Supreme Court ruled that state laws banning homosexual activity are unconstitutional as a violation of the rights to privacy.

What is the presumption of innocence?

Better to let a guilty person go unpunished than wrongly punishing the innocent.

What is the Burden of Proof?

In a criminal case is always on those who try to show someone is guilty, not to prove oneself is innocent.

Article 1, Section 9 covers:

habeas corpus, also used to challenge legality of application of federal laws in state courts.

What does the 4th Amendment discuss?

No unreasonable searches and seizures - get a warrant to search, must cover specific area or items. No warrant without probable cause - show probable cause a crime has been or will be committed. Judge must issue warrant. Important incorporations to states.

What is the Mapp v. Ohio (1961) case?

Incorporated 4th Amendment protection against unreasonable searches and seizures. Created the “exclusionary rule” - no evidence procurred outside of legal warrant can be used in evidence.

What is the Katz v. United States (1967) case?

Court ruled against warrantless wiretap. Right to privacy applies to search and seizure. 4th Amendment also applies to people not just places and things.

What is the Miranda v. Arizona (1968) case?

Incorporated 5th Amendment protection against self incrimination. Only confessions made after accused is informed of rights may be used in evidence against them. Brought about widespread use of police “Mirandizing” people upon arrest.

The 6th Amendment covered what rights?

• Right to “speedy and public trial”

• Right to impartial jury of the “state and district wherein the crime shall have been committed”

• Right to be informed of the “nature and cause of the accusation”

• Right to confront witnesses against self

• Right to obtain “witnesses in his favor”

  • Right to “assistance of counsel for his defense”

What is Duncan v. Louisiana (1968) case?

Supreme Court incorporates right to criminal trial by jury to the states.

What is impartial jury?

Usually from your geographic community. People usually called randomly for jury duty from voter registration rolls, property tax, or driver’s license list. Attorneys have leeway in choosing who will be on the actual jury - take people out who are not good for their case.

Gideon v. Wainright (1963) case?

Court incorporates right to counsel in criminal proceedings. State must provide counsel if defendant can not afford it.

What does the 8th Amendment entail?

Protects against excessive bail. Protects against excessive fines imposed. Protects against cruel and unusual punishment of convicted.

Solem v. Helm (1983) case?

Determined what is cruel and unusual. No barbaric punishments like torture. No sentences that are disproportionate to the crime committed. Also prison conditions must be humane - food, shelter, sanitation, basic medical care.

Francis v. Resweber (1947) case?

Supreme Court said that capital punishment is not inherently cruel and unusual punishment.

What are civil rights?

Legal positions and constitutional protections guaranteeing equality. Involve the status of persons with shared characteristics who have been historically disadvantaged in some way. Proactive efforts by gov to protect people from discrimination.

The 5th Amendment ensures what?

Equal protection under the law and due process of law to all Americans.

The 14th Amendment does what?

Extends all “privileges and immunities” of citizenships to every person born or naturalized in the US. Guarantees equal protection and due process to every citizen of every state.

Dred Scott v. Sandford (1857) case?

The Supreme Court ruled that slavery was constitutional and the federal government could not impose laws to restrict slavery.

What are the “Civil War Amendments”?

13th Amendment, 14th Amendment, and 15th Amendment.

What did the 13th Amendment do?

Ended slavery in the US.

What did the 15th Amendment do?

Guaranteed the right to vote to all (male) citizens regardless of “race, color, or previous conditions of servitude”.

During Reconstruction, Congress passed what?

The Civil Rights Act of 1875.

What did the Civil Rights Act of 1875 guarantee?

Equal treatment in accommodations, public spaces, etc.

The Jim Crow discrimination era began after Reconstruction ended. What did that entail?

Discrimination in voting, education, transportation, accommodations, etc.

What is Plessy v. Ferguson (1896) case?

Plessy argued that racial segregation violated the 14th Amendment’s equal protection under the law. The Supreme Court ruled against Plessy, ruling that “separate but equal” accommodations were constitutional.

Smith v. Allwright (1944) case?

Supreme Court ruled Texas’ all white primary unconstitutional → first major win for the NAACP.

Brown v. Board of Ed (1954) case?

Major victory for NAACP. Argued that the very fact of segregation led to the impression of inherent inequality of black students. Court ruled in favor of desegregation, overturning their Plessy decision.

What was the Civil Rights Act of 1964?

Outlawed discrimination in public accommodations, gov facilities, and employment - enabled US Attorney General to enforce school integration.

What was the Voting Rights Act of 1965?

Eliminated discriminatory practices in preventing black voting - gave US Dept. of Justice power to enforce through practice of pre-clearance. These laws made de jure discrimination illegal.

What does de jure mean?

By law.

What was Affirmative action?

Efforts to end de facto discrimination - Ex: busing, housing, employment, higher ed, etc.

What was the Native American experience?

The native population was decimated by disease when Europeans arrived in the Americas, only around 25,000 at end of 19th century. U.S. government made treaties with native tribes and brown them frequently - took land. U.S. gov in near constant warfare against native tribes in 18th and 19th century - genocide.

What was the Latino experience?

There’s been a long and most antagonistic relationship between Latino (esp. from Mexico) and Angle- Americans. Immigration, land, and labor issues have always been among the top contention issues along with ethnic discrimination. Both legal and illegal are controversial. They experience cultural, linguistic, religious, and ethnic prejudice. Rapid rates of immigration can stain local services. Latino population about 18% of total US population.

What were some early civil rights issues regarding gender?

Property rights, education access, labor reform, access to public sphere, suffrage.

Women’s suffrage was seen as the key to?

Achieving other legal and political rights.

In 18th and 19th century American women:

• Could not vote or hold public office.

• Could not serve on juries or testify in court.

• Could not (except in rare occasions) pursue higher ed.

Married women lost the right to:

• Own property or control her own income.

  • Make contracts, devise wills, or take part in other legal transactions.

In 1848, the Women’s Rights Convention in Seneca Falls took place. It was considered:

To be the “first wave” of women’s rights activism. Issued the declaration of sentiments which asserted women’s equality in politics, family, education, jobs, religion, and morals.

Who founded the National American Women’s Suffrage Association in 1869?

Stanton and Anthony.

What did the NAWSA focus on?

Focused heavily on a state-by-state effort to grant women’s suffrage at the state level.

Which territory was the first to grant women’s suffrage?

Wyoming.

US v. Anthony (1872) case?

Circuit court upheld Susan B. Anthony’s conviction and fine for violating NY prohibition of female suffrage. Judge said no 14th Amendment protections for women’s voting.

The National Women’s Party was established by?

Alice Paul in 1916.

The National Women’s Party’s primary focus was?

The ratification of a constitutional amendment guaranteeing women’s suffrage. They were willing to take more “radical action” like picketing, being arrested, and going on hunger strike in prison.

The Equal Pay Act of 1963 was intended to?

Eliminate gender discrimination in ages (equal pay for same job).

A provision in the 1964 Civil Rights Act prohibited?

Discrimination against women in employment and education.

The Equal Employment Opportunity Commission protects?

Women and people of color.

Reed v. Reed (1971) case?

14th Amendment equal protection applies to gender discrimination.

Craig v. Boren (1976) case?

Set intermediate scrutiny test.

The Equal Credit Opportunity Act of 1974 prohibited?

Sex discrimination in gaining credit.

Pregnancy Discrimination Act of 1978 prohibited?

Sex discrimination in employment on basis of pregnancy.

The Third wave of civil rights movement included:

• Sexual harassment - in the workplace and public spaces.

• Sexual assault - victim blaming

• Inclusivity - women of color, LGBTQ women.

• Intersectionality - consider how race, religion, and sexuality effects women’s experiences.

What were some economic disparities?

Increase number of women in positions of power, better work-life balance, women’s health and abortion access post - Dobbs.

What were the Stonewall riots of 1969?

The 1st time LGBT people openly protested for their rights. Homosexuality a crime in most places at this time. Wh

What state was the first state to allow for same- sex marriage in 2003?

Massachusetts.

Obergefell v Hodges (2015) case?

The Supreme Court recognized a national, constitutional protection for the rights of same-sex couples to marriage.