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Cases and Terms


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Title: Cases and Terms

Cases and Terms
  • Module 10
  • Chapter 10

Cases Chapter 10
  • Adarand Constructors v. Pena (1995) Held that
    any discrimination based on race must clearly be
    necessary to a compelling state goal (i.e.,
    strict scrutiny), regardless of whether its
    purpose is to help a racial minority.
  • Baker v. Carr (1962) Established that the issue
    of legislative apportionment would no longer be
    considered a political question but could be
    adjudicated in courts.
  • Barron v. Baltimore (1833) Ruled that the Bill
    of Rights applied only to the national government
    and not to the states. This decision has been
    subsequently modified by decisions that have been
    rendered after the adoption of the Fourteenth

Cases Chapter 10
  • Brown v. Board of Education (1954) Overturned
    the doctrine of separate but equal that had
    been established in Plessy v. Ferguson (1896) and
    decided that such racial discrimination would now
    be considered inherently unequal.
  • Civil Rights Cases (1883) In overturning the
    Civil Rights Act of 1875, the Court ruled that
    the Fourteenth Amendment outlawed only
    discriminatory state action and not
    discriminatory private action.
  • Dred Scott v. Sandford (1857) Declared that
    African Americans were not, and could not be,
    American citizens. This case, which also
    invalidated the Missouri Compromise of 1820,
    helped serve as a catalyst to the Civil War and
    was overturned by the Fourteenth Amendment.

Cases Chapter 10
  • Frontiero v. Richardson (1973) Struck down a
    military regulation whereby families of male
    members of the military were assumed to be
    dependent upon them (thus making the serviceman
    eligible for an extra allowance) whereas females
    were required to prove dependency by their family
  • Korematsu v. United States (1944) Sanctioned the
    exclusion of Japanese Americans from areas in
    California where they were thought to pose a
    military threat. In this case, however, Justice
    Hugo Black said that any classifications based on
    race were immediately suspect and would be
    subject to increased scrutiny.
  • Lawrence and Garner v. Texas (2003) Texas
    statute forbidding consenting adults from
    engaging in homosexual sex in the privacy of
    their own home held unconstitutional under the
    Fourteenth Amendments Due Process Clause.

Cases Chapter 10
  • Plessy v. Ferguson (1896) Upheld state Jim Crow
    laws by establishing the doctrine of separate
    but equal, a doctrine not overturned until the
    decision in Brown v. Board of Education (1954).
  • Reed v. Reed (1971) Used the equal protection
    clause of the Fourteenth Amendment to overturn a
    state law that automatically preferred males to
    females as administrators of an estate. Held that
    laws which treat men and women differently must
    be based on an important government objective
    and must be substantially related to achieving
    that goal. This was the first use of
    intermediate or heightened scrutiny applied to
    gender classification.

Cases Chapter 10
  • Regents of the University of California v. Bakke
    (1978) Held that the university could not use an
    explicit numerical quota system in admitting
    minority studnets but could take race into
  • Reynolds v. Sims (1964) Applied the principle of
    one person one vote to both houses of state
  • Romer v. Evans (1996) Overturned a Colorado
    amendment, which had been adopted by popular
    referendum, that outlawed all local laws designed
    to extend special benefits or protections to

Cases Chapter 10
  • The Slaughterhouse Cases (1873) In rejecting the
    pleas of New Orleans butchers who were required
    under state law to pursue their calling in
    specified abattoirs, the Court gave a very narrow
    reading to the privileges and immunities clause
    of the Fourteenth Amendment.
  • Swann v. Charlotte-Mecklenburg Board of Education
    (1971) Upheld the limited use of mandatory
    school busing as a means of dealing with prior de
    jure segregation

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Michigan Cases
  • The lawsuits decided by the Supreme Court were
    both filed in 1997 in the Eastern District, U.S.
    District Court by white applicants, who
    challenged the use of race in the admissions
    processes of the Universitys largest
    undergraduate school, the College of Literature
    Science, and the Arts (Gratz v. Bollinger) and
    its Law School (Grutter v. Bollinger).

Terms Chapter 10
  • Affirmative Action Programs The name given to a
    variety of programs designed to increase minority
    representation that may or may not include racial
    preferences or quotas.
  • Citizenship An acknowledgment of membership in a
    nation. The Fourteenth Amendment provides that
    persons born in the United States or naturalized
    are citizens. Congress is granted the power of
    naturalization in Article I, Section 8.
  • de Facto Caused by forces other than the law.
  • de Jure Mandated by law

Terms Chapter 10
  • Due Process Clauses Provisions found in the
    Fifth and Fourteenth Amendments prohibiting the
    government from taking a persons life, liberty,
    or property without due process of law. The later
    provision has been the primary vehicle by which
    the guarantees in the Bill of Rights have been
    applied by judicial decisions to the states.
  • Emancipation Proclamation A presidential order
    issued by Abraham Lincoln on January 1, 1863
    declaring freedom for slaves held behind
    Confederate lines. Adopted as a war measure, the
    proclamation was later expanded with the
    Thirteenth Amendments complete abolition of
  • Equal Protection Clause A provision found within
    the Fourteenth Amendment requiring that state
    governments extend equal treatment to all

Terms Chapter 10
  • Equal Rights Amendment An amendment proposed by
    Congress to eliminate discrimination based on
    sex the amendment fell three states shy of
  • Franchise The right to vote.
  • Fugitive Slave Clause A provision found in
    Article IV, Section 2 of the Constitution
    requiring that states shall deliver persons held
    to Service or labor in one State, under the Laws
    thereof, escaping into another. Friction over
    this clause was particularly intense in the
    period leading up to the Civil War.

Terms Chapter 10
  • Grandfather Clauses Provisions, directed against
    racial minorities and eventually overturned by
    the courts, which restricted voting to those who
    could prove that their grandfathers had voted
    prior to 1867, that is, prior to the time that
    African Americans were given this right.
  • Heightened Scrutiny The intermediate level of
    review generally applied by the Supreme Court to
    classifications based on gender.
  • Incorporation The process by which most of the
    guarantees found in the Bill of Rights have been
    applied to the state governments via the due
    process clause of the Fourteenth Amendment.
  • Jim Crow Laws Laws, now illegal, that mandated
    racial segregation

Terms Chapter 10
  • Jus Sanguinis A term meaning law of the blood
    that recognizes that persons born abroad to
    citizens of a nation may still themselves acquire
    such citizenship rights. If a person born of only
    one American parent wants to claim U.S.
    citizenship, that persons parent must meet a
    residency requirement and the person must live
    for ten years in the United States, including
    five continuous years from age 14 to 28.
  • Jus Soli A term meaning law of the soil that
    recognizes that those born within a nation are
    citizens thereof.
  • Literacy Tests Tests, now suspended by law,
    which were once a prerequisite for exercising the
    right to vote such tests, combined with
    understanding clauses, were often administered
    in a racially discriminatory fashion.
  • One Person, One Vote The principle, first
    articulated by the Supreme Court in Gray v.
    Sanders (1963), according to which legislative
    and congressional districts must have
    approximately equal numbers of constituents.

Terms Chapter 10
  • Selective Incorporation The view that the due
    process clause of the Fourteenth Amendment was
    designed only to apply the most fundamental
    provisions of the Bill of Rights to the states.
    Justice Cardozo articulated this view in Palko v.
    Connecticut (1937).
  • Separate but Equal The principle, legitimating
    racial segregation, that is usually associated
    with the Supreme Courts decision in Plessy v.
    Ferguson (1896) but which was subsequently
    repudiated in Brown v. Board of Education (1954).
  • Substantive Due Process The idea that the due
    process clauses of the Fifth and Fourteenth
    Amendments do not simply limit the procedures
    governments may follow (procedural due process)
    but also the substance of such decisions.
  • Suffrage The right to vote.

Terms Chapter 10
  • Suspect Classes Groups, like racial minorities
    and aliens, to whom the Court has extended extra
    judicial scrutiny because of past use of such
    classifications in a discriminatory fashion.
  • Total Incorporation Plus The view that the
    Fourteenth Amendment was designed to apply all
    the provisions of the Bill of Rights to the
    states but that it was not limited to this