Better Short Answers

Question 0

Right to privacy

Answer 0

Holmes
Older than BOR
Penumbra of 9th
Griswold & Roe

Question 1

Natural Rights in Declaration of Independence

Answer 1

Cercio and Locke
TJ DOI "expression of the American mind"
Juxtaposed by slavery
Sets foundation for equality
9, 13, 14, & democracy

Question 2

Death penalty

Answer 2

Cruel & unusual
Gregg v. Georgia
1st degree
Roper v. Simmons & Kennedy v. LA

Question 3

Substantive Due Process

Answer 3

Munn v. IL
State rights over nat
McDonald v. Chicago & Lochner v. NY
Public good makes exception

Question 4

Total & selective incorporation

Answer 4

Black=total, Frankfurter=selective
Stay with foundation or allow progressive society
Adamson & Rochin v. CA

Question 5

Civil Rights Act of 1866

Answer 5

Regardless of race, color or servitude
Addition to 13
Discredited by “black codes”
P&I - Duncan v. Louisiana

Question 6

13th Amendment

Answer 6

Abolishes slavery
Followed by black codes
Allows slavery to continue through punishment and debt

Question 7

Dredd Scott v. Sandford

Answer 7

Born in VA, sold to MO
Travel, wife, fathers children
Sues for freedom
Denied rights of nation

Question 8

Kansas-Nebraska Act

Answer 8

Democratically choose to be free/slave when applying for statehood
Repeals MO Compromise
Stephen Douglas, IL

Question 9

Missouri Compromise

Answer 9

Nation close to splitting
MO slave, Maine free
N&W states "forever free"
Precipitates civil war
Repealed by KS/NE Act

Question 10

Bill of Rights

Answer 10

First 10 - JMads
Feds no, anti Feds yes
Selective v. Total
Shape American society

Question 11

Protections for slavery in original constitution

Answer 11

Never mentioned explicitly
Allusions protect until 13 & 14
Art 1. Sec, 3 = 3/5 better for south
Art 4. Sec 2 = fugitive slaves, Dred Scott v. Sandford