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Dred Scott v Sanford (1857)
Court ruled that an enslaved man could not sue in federal court because African Americans were not U.S. citizens when the Constitution was adopted.
Brown v. Board of Education (1954)
Court ruled that separate school facilities for African Americans and whites were inherently unequal and violated the Fourteenth Amendment.
Goss v. Lopez (1975)
Court ruled that public school student is entitled to an informal hearing-notice of the reason for a suspension and an opportunity to be heard-if suspended for 10 or fewer days.
Loving v. Virginia (1967)
Court ruled via strict scrutiny that a racial classification did not serve a compelling state interest.
Reed v. Reed (1971)
Court ruled an Idaho law preferring males to females when more than one person was equally qualified to administer an estate unconstitutional using the equal protection clause.
Barron v. Baltimore (1833)
Court ruled that the Bill of Rights applied only to the national government.
Near v. Minnesota (1931)
Court ruled that the Fourteenth Amendment also required states to protect freedom of the press.
Palko v. Connecticut (1937)
Court ruled that incorporation applied to what it called fundamental rights, those rights so essential to order, liberty and justice.
McDonald v. City of Chicago (2010)
Court ruled the right to keep a handgun in your home was a “fundamental” right.
Equal protection clause
Prohibits government actions from unreasonable discriminating between different groups of people
Rational basis
A test in which judges will uphold a law or practice that treats some people differently than others if there is a rational basis for the different treatment.
Strict scrutiny
Judges applying strict scrutiny will find a law or practice constitutional only if the state can show that the discriminating classification serves a compelling, or very important, interest.
Substantial relationship
In gender discrimination cases, there must be a close connection-not just a rational relationship- between the law or practice and its purpose.
What 3 things did the 14th amendment do?
Citizenship rights, Equal protection, Guaranteed due process
What constitutes citizenship in the USA besides getting a visa?
Being born in the USA
What group was an exception to the citizenship rights of the 14th amendment?
Native americans
What did the Dawes Act do?
Aimed to give native americans all the benefits of land ownership and education
After the 14th amendment was ratified, what type of laws did many states adopt, especially in the south?
Jim Crow laws
Incorporation of the Bill of Rights
The bill of rights are made applicable to states
Establishment Clause
The government does not have the right to establish religion.
Oligarchy
A government ruled by a small, wealthy group of people
Democracy
A system of government where power is vested in the people.
How many amendments are in the constitution?
27
Structure of the Constitution
Preamble, seven articles, amendments
What can the government not deprive anyone of under the 14th amendment?
Equal due process and equal protection
What did the 13th amendment do?
End slavery
What did the 15th amendment do?
Allowed black men to vote
Enumerated powers of congress
Specifically lists what Congress’ powers are
Elastic Clause
Allows Congress to stretch its powers beyond the enumerated powers when it is proper and necessary.
Sovereignty
Whoever has control of the people and government