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POSC 444 Midterm 1
Cases
52
Political Studies
Undergraduate 4
02/24/2013

Additional Political Studies Flashcards

 


 

Cards

Term
Marbury v Madison
Definition
Judicial Review-review of congressional action constitutionality, Court limited to the powers given in Article III, writ of mandamis original jurisdiction not to supreme court
Term
Barron v Mayor and City Council of Baltimore
Definition
5th amendment intended for fed govt, not the state, not in jurisdiction of supreme court
Term
Palko v Connecticut
Definition
Selective incorporation (case by case basis), Due Process LAw only protects rights "of the very essence of the scheme of ordered liberty".. double jeopardy not essential
Term
Civil Rights Cases
Definition
Guaranteeing all persons equal entitlement to quasi public facilities unconstitutional use of congressional power
Term
Two types of concurring opinions
Definition
Regular and special.. regular: additional info agreeing on legal reasoning, special: same conclusion diff legal reasoning
Term
Plurality opinion
Definition
4-3-2, the opinion of the 4 not legally binding
Term
Dicta
Definition
extra written info not majority opinion not binding
Term
Unitary system
Confederal systam
Federal System
Definition

Fed>State>Citizens
State>Federal>Citizens>State>Federal
Federal>State, State>Federal, Federal>Citizens, State>C

 

Term
Doctrine of Comity
Definition

Each jurisdiction mutual respect .. sovereignty over cases and issues

 

ie legal reciprocity

Term
Exhaustion of remedies doctrine
Definition
Must go through all non judiciary steps for resolution before eligible to be seen in federal court
Term
Forum shopping
Definition
When a plaintiff decides between different levels to take a case to based on some advantage gained because of differing procedural rules
Term
Shelley v Kraemer
Definition
Requirement for state action not met in a purely private and voluntary covenant, but because the supreme court of missouri chose to enforce it it was. State action includes actions by legislative bodies and also courts and judicial officials
Term
Burton v Wilmington Parking Authority
Definition
Public property, paid for by public, leased to restaurant, building where located publicly owned and dedicated to public use, violation of 14th amendment
Term
State action doctrine, and exceptions
Definition

Fourteenth amendment only applies to state and local government actions, not the actions of private entities.

Exceptions: public functions, entanglement

 

Public functions: private actor performing task traditionally administered by govt

 

Entanglement: If the state contracts out one of its functions to a priivate entity, the entity will be considered a state actor in terms of the actions it performs for the govt

 

 

 

 

Term
Jackson v Metropolitan Edison CO
Definition
Providing electricity not traditional govt power, state action doctrine bars case, govt involvement with edison not sufficient to call state action
Term
Korematsu v US
Definition

Legal restrictions that curtail civil rights of single racial group are subject to most rigid scrutiny, pressing public interest may sometimes justify such restrictions, so is the case with Japanese internment camps, case ruling later rescinded as far as the legality of internment camps, but strict scrutiny stands

 

Req for strict: Compelling state interest, Narrowly Tailored, Least restrictive means

Term
Craig v Boren
Definition

Oklahoma alcohol men under age of 21 and women under age 18

Intermediate scrutiny: Government restriction must be substantially related to an important govt interest 

 

based on stereotype and not legitimate statistics, not subst related to important govt interest of public safety 

Term
Romer v Evans
Definition

Amendment 2 of colorado takes away ability for homosexuals to seek protection from discrimination, also two broad for its ends, not rationally related to a legitimate government interest

 

Rational Basis Test

Term
Adamson v California
Definition

Due process clause of the 14th amendment does not include all of the bill of rights, not protected against self incrimination in murder case where a defendant decides not to take the stand and be cross examined

 

Later such comment on a defendants failure to take the stand was found to be a violation of the 14th amendment

Term
Marsh v Alabama
Definition
Public functions exception to the state action doctrine

Corp owned chickasaw town, constitution applicable to privately owned towns
Term
Terry v Adams
Definition
Private organizations primary election constitutes a public function, and thus it is subject to the fifteenth amendment and fourteenth amendment
Term
Norwood v Harrison
Definition

The EP Doctrine is  violated when a state provides aide to students of private, segregated schools because it encourages continued racial discrimination.. 

 

Mississippi schools, textbook lending program

Term
Moose Lodge v Irvis
Definition
A license from the state liquor board is not enough of state involvement to constitute state action .. barred by S.A.D.
Term
Rendell-Baker v Kohn
Definition

Private conduct is not state action simply because the private entity serves a public function

 

Public funds pay for 90%+ of school budget, dismissed staff

Term

Railroad express v New York

 

Definition

Railway Express argued underinclusive because it didn't ban all advertising.. 

 

EP Doctrine .. statute disallowing trucks to advertise other companies on their trucks, public safety (traffic distractions)

 

Ruling that it is underinclusive but not unconstitutional 

 

"Not a requirement of equal protection that all evils of the same genus be eradicated or none at all"

Term
NY Transit Authority v Beazer
Definition

Example of Overinclusiveness

 

State legislation does not violate the EP clause merely because the classifications that it makes are imperfect.

 

It may have been somewhat blanketing as opposed to case by case, but not a constitutional issue

Term
Prigg v Pennsylvania
Definition
Reaffirmed fugitive slave act, Prigg slave catcher.. sold woman and children after they had essentially been free and owner had died
Term
Dred Scott v Sandford
Definition
Slaves not citizens under the US constitution 1856
Term
Facially Discriminatory.. Categories
Definition

The law, on its face, discriminates. A clearly sought out consequence.

 

Single case (Korematsu)
Discriminate against both minorities and whites (Loving)

Laws requiring separation of races (Plessy) 

Term
US v Virginia
Definition
Intermediate scrutiny, single sex school not allowing women on basis of stereotyped unconstitutional
Term
Loving v Virginia
Definition
Law prohibiting interacial marriage struck down by strict scrutiny against EP Doctrine
Term
Plessy v Ferguson
Definition
Separate but equal doctrine, legal to disallow black people from part of a train, etc
Term
Sweatt v Painter
Definition
Separate but unequal law schools, struck down University of Texas Law School policy, challenge of separate but equal doctrine
Term
Brown v Board of Education
Definition
Separate but equal educational facilities are inherently unequal and thus unconstitutional

No form of implementation of new policy
Term
Dejure/de facto segregation
Definition

De Jure: Segregation through the law: unconstitutional

 

De facto: chosen segregation, legal aka self segregation

Term
Swann v Charlotte Mecklenberg Board of Education
Definition
The existence of all white or all black schools cannot be a refelction of segregation policies. Buses can eb used to correct racial imbalances because they are a traditional form of public education transportation
Term
Milliken v Bradley
Definition

District Courts cannot redraw the lines of integrated school systems to achieve racial balance in a segregated school system absent an interdistrict violation or effect

 

Facially neutral laws that discriminatory impact enough to elevate to strict scrutiny disproportionate impact and discriminatory purpose

Term
Regents of the University of California (Davis) v Bakke
Definition
Although race may be a factor in determining admission to public educational institutions, it may not be the sole determining factor. 

 16 out of 100 given spots to disadvantaged minorities
Term
City of Richmond v JA Croson Company
Definition

Affirmative action programs can only be maintained by a showing that the programs aim is to eliminate effects of past discrimination.

 

Construction contractors had to set aside 30% of subcontracts to one or more Minority Business Enterprises.. Cannot withstand strict scrutiny

Term
Bradwell v Illinois
Definition
The fourteenth amendment does not provide that one privelege and immunity of women as citizens is to engage in any profession.

State Action Doctrine bars further, the state bar is a matter reserved to the states
Term
Reed v Reed
Definition
Classifications based on gender must be substantially related to an important govt interest in order to uphold per the EP Clause

 The administrator of a recently deceased child cannot automatically go to the father by statute
Term
Frontiero v Richardson
Definition

Gender based classifications like racial classifications .. some form of strict scrutiny.. later intermediate by craig v boren

Female soldier only can call husband dependent if she makes more than half salary and not other way around: Unconstitutional .. strict 

 

Administrative convenience is not an essential government interest

Term
Nguyen v INS
Definition
Biological differences between men and women exist, statutes that classify and benefit women because of such differences do not violate the EP doctrine.

Difference does not come from a stereotype
Term
Califano v Webster
Definition

The government may enact remedial legislation to benefit women in areas where they have been traditionally discriminated against

 

Women getting better social security benefits because of the method of calcula

Term
Massachusetts Board of Retirement v Murgia
Definition
Age classifications are only subject to rational basis

Massachusetts can force people at a certain age in the police force to retire


Term
Cleburne v Cleburne Living Center
Definition
Discrimination against the mentally challenged is not elevated to strict scrutiny, but only rational basis, aka rationally related to a legitimate government interest
Term
Graham v Richardson
Definition
An Arizona law that had a legal citizenship and at least 15 years or more of living there is unconstitutional, strict scrutiny must be applied to nationality cases
Term
Ambach v Norwich
Definition
Requiring aliens eligible to naturalize to do so in order to become a teacher is constitutional because there's a rational basis and because there is a legitimate government interest ie opportunity to influence students about govt.. etc.. .

nationality exception when there is state action by the plaintiff involved > rational basis
Term
Plyer v Doe
Definition
Withdrawing funding for children of aliens is unconstitutional.. the denial does not represent a legitimate government interest.. laws affecting children of undocumented workers exception > intermediate scrutiny
Term
Shapiro v Thompson
Definition
A one year residency req for applying for  welfare is unconstitutional .. right to travel is an inherent right and thus strict  scrutiny.. not a compelling govt interest
Term
San antonio independent school district v rodriguez
Definition
Equal Education of children not a fundamental right and thus is not strict scrutiny, the policy of taking money from property tax for schools in the city despite differences in property values across texas.. thus rational basis.. it was rationally related to a legt govt interest
Term
Matthews v Diaz
Definition
Plenary power of federal govt exception > Rational basis 

Fed can limit qualification for benefits to aliens constitutionally
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