Exam 2

Question 1

What was the ruling in Barron v Baltimore (1833)?

Answer 1

Bill of Rights did not apply to the states but the national govt

Question 2

What was the ruling in the slaughterhouse case? (3)

Answer 2

14th amendment only applied to former slaves

drafters of the 14 amendment did not intend to apply Bill of Rights to states

killed the privileges and immunities clause

Question 3

What was the Gitlow v NY (1925) about? What type of due process was involved?

Answer 3

freedom of speech; substantive

Question 4

What was the Near v Minn (1931) about? What type of due process was involved?

Answer 4

prior restraints (freedom of speech); substantive

Question 5

What was Dejonge v Oregon (1937) about? What type of due process was involved?

Answer 5

freedom of assembly; substantive

Question 6

What was Palco v Conn (1937) about? What type of due process was involved?

Answer 6

double jeopardy; procedural

Question 7

What rule was established in the Mapp v Ohio (1961) case? What type of due process was involved?

Answer 7

exclusionary rule; procedural

Question 8

What was Gideon v Wainwright (1963) about? What type of due process was involved?

Answer 8

right to counsel (lawyer) in felony case; procedural

Question 9

What was Miranda v AZ (1966) about? What type of due process was involved?

Answer 9

right of someone to be told of their rights upon arrest; procedural

Question 10

What was Benton v MD (1969) about? Which case did it overturn? What type of due process was involved?

Answer 10

double jeopardy; Palco v Conn; procedural

Question 11

What happened in the Santa Fe (2005) case? Which clause did it violate?

Answer 11

prayer before game was found to still involve the school despite the claim of it being student led (coercion); establishment clause

Question 12

What was the Kennedy (2022) case about? What was the ruling?

Answer 12

prayer by the team only; non-coercion

Question 13

What was schenk v US (1920) about? What was the ruling?

Answer 13

freedom of speech; govt can restrict speech if the danger posed in “clear and present”

Question 14

What kind of test did the Miller v CA (1973) case used? What were the categories?

Answer 14

3 pronged test
1. to the average person, apply community standards does material appear to prurient interest (sexual)
2. patently (obviously) offensive
3. lack scientific or artistic value

Question 15

What was the ruling in Dennis v US (1951)?

Answer 15

limiting speech to protect national security is acceptable

Question 16

What did the US v Emerson confirmed?

Answer 16

2nd amendment is an individual right and not a collective right

Question 17

What is the idea behind fruit of a poisonous tree?

Answer 17

can’t make good evidence from bad evidence

Question 18

What was the US v Miller (2001) case over?

Answer 18

collective right (2nd amendment)

Question 19

What was the DC vs Heller case over?

Answer 19

individual right (2nd amendment)

Question 20

Who are the Chief Justices we talked about? (from oldest to now)

Answer 20

Warren
Burger
Rehnquist
Roberts

Question 21

Which one of the courts was liberal?

Answer 21

Warren

Question 22

Which one of the courts was moderate/liberal?

Answer 22

Burger

Question 23

Which one of the courts was moderate/conservative?

Answer 23

Rehnquist

Question 24

Which one of the courts was conservative?

Answer 24

Roberts

Question 25

What significant cases came from the Warren court? (2)

Answer 25

Mapp v Ohio Miranda v AZ

Question 26

What significant case came from the Burger court?

Answer 26

Roe v Wade

Question 27

Were there any significant cases in Rehnquist court? Why?

Answer 27

No; more deferential to precedents than Roberts court; applied Stare Decisis (let decision stand)

Question 28

What can be said about the Roberts court?

Answer 28

less deferential to precedents than Rehnquist court

Question 29

What were the significant cases of the Roberts court?

Answer 29

Harring v US (2008) Dobbs (2022)

Question 30

What was the Harring v US (2008) case about? What was the ruling?

Answer 30

due to cops negligence of not having an up to date search warrant, Harring went to jail for illegal possessions; exclusionary rule no applied

Question 31

What did the Dobbs (2022) case do?

Answer 31

overturned Roe v Wade; becomes a state issue

Question 32

What is the difference between civil rights and civil liberties?

Answer 32

civil rights - govt obligation to intervened in order to protect US citizens from illegal actions civil liberties - protection from the govt/ govt can't take these away

Question 33

What is the equal protection rights clause?

Answer 33

all citizens are protected equally from govt, govt agencies, and private individuals that provide public service

Question 34

What did the civil rights act (1875) do?

Answer 34

protected african americans from private and public discrimination

Question 35

What did the civil rights cases (1883) do?

Answer 35

ruled civil rights act as unconstitutional against private discrimination

Question 36

What came out of Plessey v Fergusen (1896)?

Answer 36

separate but equal; govt can discriminate

Question 37

What happened in Missouri Gaines (1938)?

Answer 37

colored students given scholarships to study out of state for law school

Question 38

What was Shelly v Kraemer (1946) about?

Answer 38

racial covenant (legal contract) that runs with land

Question 39

What happened in Sweatt v Painter (1950)?

Answer 39

UT law school for whites had better funding than law school for blacks

Question 40

What was the ruling from Brown v Board (1954)? What were the states response to the ruling?

Answer 40

separate but equal is inherently unequal; states were non-compliant

Question 41

What was the ruling of the civil rights act (1964)? (4)

Answer 41

title 2- no discrimination in public accomodations affecting interstate commerce title 6- national govt must act against those who discriminate and receive federal funding title 7- no discrimination in employment title 9- no gender discrimination in education

Question 42

What did the Swann v Mecklenburg case (1971) brought about?

Answer 42

busing; forced defacto integration in schools

Question 43

What was the issue in Miliken v Bradley (1974)? What was the ruling?

Answer 43

middle class disliked busing; busing only applied to southern states

Question 44

What case was an example of affirmative action?

Answer 44

Swann v Mecklenburg

Question 45

What was the Regents v Bakke (1978) case about? What was the ruling?

Answer 45

medical school reserving 20 seats for minorities; affirmative action okay, but can't use quotas anymore

Question 46

What was the California civil rights initiative (1996) case ruling?

Answer 46

bans all affirmative action in the states; started using point system

Question 47

What was the Gratz v Bollinger (2003) ruling?

Answer 47

no use of point system anymore; use more holistic process for admission

Question 48

What was the Gruter v Bollinger (2006) ruling?

Answer 48

highly holistic individual taken to account; race can be taken into account for admission

Question 49

What was the SFFA v Harvard (2023) ruling?

Answer 49

overturn affirmative action; can no longer take race into account

Question 50

What factors affect the low percentage of women in higher paying jobs? (4)

Answer 50

have children have lower expectations on salaries won't relocate as compared to men under different pressures than men

Question 51

Describe hispanic politics. What are the issues in this group?

Answer 51

less educated compared to whites; largest minority group; very diverse; associated with agriculture; fastest growing segment lack wealth lack of higher education not voting

Question 52

What are the 3 things that came from the disabilities act (ADA) of 1990?

Answer 52

not denied employment if reasonable accomodations allows the job's performance not denied to access govt benefits public accomodations must allow full access