Midterm Short Answer

Question 0

Protections for slavery in the original. US constitution (1787)

Answer 0

-Art 1 sec 3 Representation 3/5 clause.
Word slavery never in constitution
-Article 4 sec 2 Fugitive slaves. S. Carolina and GA want to make sure if their slaves escape to a free stage they will not be free. Dredd Scott v. Sandford
-Art 5: alteration of constitution
-Allusions to slavery in hopes (?) that it would get better. Straightforward would be better

Question 1

Natural Rights in the Declaration of Independence (1776)

Answer 1

• TJ “DOI is expression of the American mind”
• Cicero and Locke visit the theory of natural law that applies to all people
• Roots from British rule/slavery

Question 2

Bill of Rights (1791)

Answer 2

• First 10 amendments, J Mads wrote it. Felt that the people needed to be protected from the states.
• Anti federalists wanted it, federalists did not
• Has proven in many cases as a determinant source

Question 3

MO Compromise (1820)

Answer 3

• US close to splitting
• MO becomes slave, Maine is free
• Precipitates Civil War
• Repealed by KS-NE act

Question 4

kansas Nebraska act (1854)

Answer 4

-These states & others created after them may choose democratically before applying for statehood if they want to be free or slave

Question 5

Dred Scott v. Sandford (1857)

Answer 5

• After travels and experience with his owner across several states, Scott sues for freedom
• Court says he cannot sue because he is not citizen and never will be
• Tawney says he can be a citizen of the state but never nation

Question 6

Thirteenth Amendment (1865)

Answer 6

• Abolishes slavery, but closely followed by “black codes”
• 1st and 2nd class citizens were made. Slavery was basically continued
• Allows slavery as a punishment

Question 7

Civil Rights Act (1866)

Answer 7

• Follows 13th amendment
• States that every race and color (unless by assignment of punishment)
• No political rights
• No state shall abridge privileges or immunities of citizens of the U.S.”

Question 8

Total v. Selective Incoropration

Answer 8

• Incorporation comes from the due process clause
• P&I was struck down under Slaughterhouse cases
• Black & Frankfurter

Question 9

Black-Frankfurter Debate about Incorporation

Answer 9

• Frankfurter advocates for no incorporation (but has exceptions)
• Says it is up to people to determine morality
• Concepts of decency and fairness exist not because of BOR, but because of the way we are as humans
• Black argues for total incorporation
• Says we can’t pick and choose

Question 10

Death Penalty and the Eighth Amendment

Answer 10

Prohibits “cruel and unusual punishment.” In a series of death penalty cases, the SC has limited the number of instances in which the death penalty can be given but has stopped short of calling the death penalty itself “c&u.” For example, Roper v. Simmons prohibits giving the death penalty to minors and Kennedy v. Louisiana prohibits giving the death penalty for child rape.

Question 11

Substantive Due Process

Answer 11

• Munn v. Illinois decides the gov can take your inalienable rights as long as they provide you with due process
• Incorporation not as a procedural violation, but if particular state laws violate due process
• Acts as a way the court can show the constitution having power over the states

Question 12

Constitutional Right to Privacy

Answer 12

-Griswold v. Connecticut
Couples privacy
-Roe v. Wade
Messes with this