Constitutional Law: Quiz #5 Study Guide

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POSC 304-01, Professor Richard Taskin, Spring 2014. Massachusetts College of Liberal Arts {Based on Readings: (1.) The Dynamic Constitution, 2nd Edition, by Fallon. [Page 149-168] (2.) The Oath: The Obama White House and the Supreme Court by Jeffrey Toobin. [Chapter 15] (3.) American Constitutional Law, Volume 2, 9th Edition by Rossum and Tarr. [Page 520-524; 542-550]}

Gratz v. Bollinger

(2003) was a case regarding the University of Michigan undergraduate affirmative action admissions policy. In a 6-3 decision (announced on June 23, 2003), Chief Justice Rehnquist, writing for the Court, ruled the University's point system's "predetermined point allocations" that awarded 20 points to underrepresented minorities "ensures that the diversity contributions of applicants cannot be individually assessed" and was therefore unconstitutional. (Equal protection of the laws) (Gratz argued that this violated her fourteenth amendment right to equal protection clause)

Brown v. Board of Education

(1954), was a case in which the Court declared state laws establishing separate public schools for black and white students unconstitutional. The decision overturned the Plessy v. Ferguson decision of 1896, which allowed state-sponsored segregation, insofar as it applied to public education. (Handed down on May 17, 1954,) the Warren Court's unanimous (9-0) decision stated that "separate educational facilities are inherently unequal." As a result, de jure racial segregation was ruled a violation of the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. This ruling paved the way for integration and was a major victory of the civil rights movement.

U.S. Department of Agriculture v. Moreno

(1973) was a case in which the Court held that the "unrelated person" provision was irrelevant to the stated purpose of the Food Stamp Act and violated the Due Process Clause of the Fifth Amendment.

Plessy v. Ferguson

(1896), is a decision in the jurisprudence of the United States, upholding the constitutionality of state laws requiring racial segregation in public facilities under the doctrine of "separate but equal".

The decision was handed down by a vote of 7 to 1 with the majority opinion written by Justice Henry Billings Brown and the dissent written by Justice John Marshall Harlan. "Separate but equal" remained standard doctrine in U.S. law until its repudiation in the 1954 Supreme Court decision Brown v. Board of Education.

Lochner v. New York

(1905) was a landmark United States Supreme Court case that held that "liberty of contract" was implicit in the Due Process Clause of the Fourteenth Amendment. The case involved a New York law that limited the number of hours that a baker could work each day to ten, and limited the number of hours that a baker could work each week to 60. By a 5-4 vote, the Supreme Court rejected the argument that the law was necessary to protect the health of bakers, deciding it was a labor law attempting to regulate the terms of employment, and calling it an "unreasonable, unnecessary and arbitrary interference with the right and liberty of the individual to contract."

Dred Scott v. Sandford

(1857), was a decision in which the Court held that African Americans, whether slave or free, could not be American citizens and therefore had no standing to sue in federal court, and that the federal government had no power to regulate slavery in the federal territories acquired after the creation of the United States. an African American slave who had been taken by his owners to free states and territories, attempted to sue for his freedom. In a 7-2 decision written by Chief Justice Roger B. Taney, the Court denied ______ request. For only the second time in its history the Supreme Court ruled an Act of Congress to be unconstitutional.

Loving v. Virginia

1867 court case that declared all laws against interracial marriage unconstitutional

Palmore v. Sidoti

(1984), - A state court's consideration of private racial biases and the injury they might inflict on the child as a basis for removing an infant child from the custody of its natural mother violated the 14th Amendment. Custody given to mother but then removed when it became known that she had an African American male partner.

Naim v. Naim

(1955) White woman married a Chinese man and their marriage was considered void in the state of Virginia. (Interracial marriage) Court sidesteps issue so as to not disturb the sensitivity of the case due to Brown V. Board

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