Test 2 Flashcards
(26 cards)
US v Miller. What did the supreme court rule?
Established 2nd amendment as a collective right rather than an individual right, congress can use commerce power.
What are the two interpretations of the second amendment?
individual school or collective rights school
Plessy v Fergiuson. what did the supreme court rule and what amendment was involved?
legalized segregation, separate but equal. 14th amendment was involved.
Original intent
The theory of interpretation by which judges attempt to ascertain the meaning of a particular provision of a state or federal constitution by determining how the provision was understood at the time it was drafted and ratified.
Strict Constructivist
a literal interpretation of a statute or document
Loose constructivist
a broad interpretation of a statute or document
US v Lopez what did the us supreme court rule and why?
gun free school zones are unconstitutional
- Principle of compensatory justice?
Compensate the group for past discrimination even if it means discriminating against whites to make up for the past.
Commerce Clause
describes an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”
Necessary and Proper Clause (elastic clause)
Often called the “elastic clause,” the necessary and proper clause simply states that Congress has the power, “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”
Contracts Clause
this clause was added to the Constitution in order to prohibit states from interfering with private contracts. The clause states that, ‘No State shall…pass any…Law impairing the Obligation of Contracts
Institutional Racism
private attitudes of people in the work place, invisible biased
Brown v Topeka
Us supreme court charged with eradicating overt racism but not institutional racism
- What is preferential treatment?
The focus of the affirmative action debate. Everything has to be equal, but race cant be
- Reverse discrimination?
When all things are not equal and you give someone else a job or school the claim is that its reverse discrimination. Should be non relevant.
- Consequentialist approach?
Defends affirmitive action, reverse discrimination is ok in order to correct what happened in the past
- Barbara burgmann, 4 things that people assume about affirmative action that’s incorrect?
Racism is a thing of the past, civil rights movement resolved all racism, bell curve, genetic make up. Blacks fortunes are growing and whites are diminishing.
- Major debate about mass shootings
should congress control it or the states? Concept is federalism
2 important parts about the commerce clause
interstate and intrastate
Principle of compensatory justice?
Reverse discrimination
Infinite regress approach?
Compensate one group then you discriminate another group
What was the purpose of poll taxes and literacy tests?
Suppress the minority vote after the civil war
minors v happersett
denied women the right to vote, not extending the right to vote along with citizenship via women.
Efforts to reduce institutional racism?
affirmative action
