14th Amendment from Upham

old exam

14th Amendment Section 1

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Article 4 Section 2 Clause 1

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

14th Amendment section 5

The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

the 15th amendment

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.”

The amendment was passed (proposed) by Congress on February 26, 1869, and ratified on February 3, 1870.

Which of the following justices in Dred Scott agreed, or at least did not deny, that the Due Process Clause restrained congressional laws or other federal action in the federal territories?

Taney

Which of the following justices in Dred Scott insisted that the Due Process Clause did not restrain congressional laws or other federal action in the federal territories?

Curtis

hich of the following justices in Dred Scott expressly stated that the right of citizens to travel with their slaves was an open question, to be decided only when a proper case is before the Court?

Nelson

Which of the following justices in Dred Scott, more or less, affirmed the same rule of citizenship later vindicated in the first sentence of the Fourteenth Amendment?

McLean

Which of the following justices in Dred Scott affirmed that (1) each state could determine for itself which of the persons native qualified as “citizens” and (2) each state could determine for itself what privileges to afford its own citizens—to which out-of-state citizens were entitled only equality?

Curtis

Which of the following rights mentioned by Taney as among the privileges secured by Article IV, but not expressly listed in Corfield’s list?

freedom of speech

Which of the following rights is identified by Blackstone as something generally enjoyed by aliens, but as a matter of “indulgence” and not right?

right to acquire real property

Which of the following procedural rights was generally available to all persons, including aliens, within the jurisdiction of the United States as a matter of right but which is listed in Corfield as protected by the Privileges and Immunities Clause?

right of detained person to writ of habeas corpus

Which of the following clauses of the Constitution most probably encompasses that right when the government is harming the individual?

Due Process Clause

With respect to which future clause of the Fourteenth Amendment was there an interpretation offered in a unanimous decision by the Supreme Court just a decade earlier?

Due Process Clause

According to your professor, which of the following would qualify as a general, non-political privilege or immunity of citizenship?

right to trade free from racial discrimination

According to the theory by which the Privileges or Immunities Clause “incorporates” the provisions of the first eight amendments, which of the following qualifies as a privilege or immunity of U.S. citizenship?

right to free exercise of religion

According to your professor, which of the following rights does not seem protected by the Fourteenth or Fifteenth Amendment?

right to free exercise of religion

According to the theory by which the Privileges or Immunities Clause incorporates only the Civil Rights Act of 1866, which of the following is a privilege thus protected?

right to trade free from racial discrimination

What other rights are mentioned in the Civil Rights Act of 1866?

right to make or enforce contracts b. right to sue c. right to give evidence d. right to

equal protection of laws

all of the above

Which of the following rights, according to your professor, seems at least in part a privilege of citizenship and not an equal protection or due process right?

Right to sue

After the Slaughter-House Case, what clause of the Fourteenth Amendment became the vehicle for invalidating governmental-spending laws facially discriminating on the basis of race?

Equal Protection Clause

According to your professor, what clause of the Fourteenth Amendment should have been the vehicle for invalidating governmental-spending laws facially discriminating on the basis of race?

Privileges or Immunities Clause

After the Slaughter-House Case, what clause of the Fourteenth Amendment became the vehicle for invalidating laws abridging the freedom of speech?

Due Process Clause

According to your professor, what clause of the Fourteenth Amendment should have been the vehicle for invalidating laws abridging the freedom of speech?

Privileges or Immunities Clause

After the Slaughter-House Case, what clause of the Fourteenth Amendment became the vehicle for invalidating state laws respecting an establishment of religion?

Due Process Clause: Ask Madison

According to your professor, what clause of the Fourteenth Amendment should have been the vehicle for invalidating state laws respecting an establishment of religion?

None of the above

According to the majority in Hurtado, which of the following is true of the relationship between adherence to the traditional Anglo-American procedures and the requirements of due process of law?

sufficient

According to the dissent (Harlan) in Hurtado and Upham, which of the following is (probably) true of the relationship between adherence to the traditional Anglo-American procedures and the requirements of due process of law?

necessary condition

The question set forth involved a discussion of which of the following precedents?

Murray’s Lessee

What was the chief case relied on by Justice Miller to explain the meaning of the “privileges and immunities” secured by Article IV?

Paul v. Virginia

What was the chief case relied on by the Court in that case (answer to #46) to explain the meaning of the “privileges and immunities” secured by Article IV?

lemmon

According to Justice McReynolds, which of the following is a right encompassed by the word “liberty” in the Due Process Clause?

a. right to contract b. right to marry c. right to learn d. right to free exercise of religion

e. all of the above

Which of these rights is still recognized, even after 1937, in the litany of fundamental rights secured by this “liberty”?

All of the above

What was the key case in 1937 that signaled the change referenced in #49? (previous)

West Coast Hotel v. Parrish

What case, decided in 1923, indicated great confidence that that 1937 case would never happen?

Adkins v. Children’s Hospital

In that 1923 case, which of the following convictions does one see vindicated by the purportedly conservative majority?

a. equality of men and women b. economic freedom c. both (a) and (b)

According to the advocates of the Civil Rights Act of 1875, what set of rights did the Fourteenth Amendment secure—right involved in the act itself?

public

According to the Supreme Court in 1883, this Act was __________ because the Amendment protected citizens against the actions of ______________ actors.

unconstitutional…..only state

According to United States v. Cruikshank, to what extent was the freedom of petition secured by the Fourteenth Amendment?

protected, but only if the petition is addressed to the federal government

What provision of the original Constitution indicated that Justice Miller’s interpretation (endorsed in Cruikshank later) rendered the Privileges or Immunities Clause a “vain and idle enactment”?

Supremacy clause?

In what case did the Court first indicate that the Equal Protection Clause would guarantee free blacks not only equal protective rights, but equal rights more generally—i.e., protection against laws that “discriminated with gross injustice and hardship against them as a class”?

Slaughterhouse cases

In other words, as stated in Yick Wo v. Hopkins, the guaranty of equal protection of the laws “is a pledge of the protection of_____________.”

equal laws

Which of the following forms of racial discrimination was not struck down before Brown v. Board of Ed.?

laws excluding blacks from “white only sections of common carriers

Which justice dissented in both Strauder and Slaughterhouse?

Field

In Brown v. Mississippi, what provision of the Constitution was violated?

Due Process Clause

Which specific right was involved in Brown v. Miss.?

criminal defendants’ immunity from coerced confessions

In Buck v. Bell, what state action was challenged?

law compelling sterilization

In Buck v. Bell, according to Upham, why should the Court have struck down the Virginia law?

deprived an individual of life (broadly understood) without due process of law

According to McLean, which of the following was not a necessary condition for a plaintiff to have access to the federal courts?

white race

Which of the following justices offered a strictly anti-discrimination reading of the Privileges and Immunities Clause?

Catron

Which of the following rights of slaveholders was to be protected by the constitutional amendments proposed at the Washington Peace Convention?

right to travel through any state with slaves 36 ep

Which of the following rights of slaveholders was protected under the Confederate Constitution?

To travel between any state with slaves

Which of the following rights did Senator Howard, in introducing the 14th Amendment to the Senate, not list in his partial enumeration of the Bill of Rights?

Religion

Which of the following interpretations of the Fourteenth Amendment finds no textual support in the debates of the 39th Congress?

rights protected include liberty of contract

What form of sex discrimination was discussed with reference to the Equal Protection Clause?

Laws restricting property rights to married women

According to the Joint Committee on Reconstruction’s formal report, what was one of the purposes of the proposed Fourteenth Amendment?

secure to the freedmen the rights of man and citizen

According to the “Owen” plan, introduced in committee in April 1866, what was the main topic of the original version of section 1?

racial discrimintion

Who was chiefly responsible for drafting the proposal that would become a replacement for this section?

Bingham

Who introduced the Fourteenth Amendment to the Senate?

Howard

Which of the following states’ legislatures voted to rescind ratification before Seward announced ratification?

Ohio