Fundamental Rights in U.S. Constitution
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Questions and Answers

What is the significance of the 14th Amendment in relation to sovereign immunity?

  • It trumps the 11th Amendment due to its later ratification. (correct)
  • It reinforces the principles of the 11th Amendment.
  • It is irrelevant to sovereign immunity.
  • It completely eliminates sovereign immunity.

Which test is used to assess the degree of discrimination a court considers significant in a case?

  • Retrospective test
  • Proportionality test
  • Congruence test (correct)
  • Disparity test

Under what circumstances is heightened scrutiny applied to sex classifications?

  • When the classification involves a suspect class.
  • When there’s a large cost of compliance with the law.
  • When the law impacts family leave policies. (correct)
  • When the law affects employment contracts.

What outcome did the case Kimel v. Florida Bd. of Regents have regarding the ADEA and state employers?

<p>It struck down the ADEA as unconstitutional. (B)</p> Signup and view all the answers

What does the ruling in TN v. Lane represent regarding Congress's power?

<p>Congress's power is expanded when combined with fundamental rights. (B)</p> Signup and view all the answers

What is the primary concern regarding legislatures expressed in the content?

<p>Legislatures could abuse their powers. (D)</p> Signup and view all the answers

According to the view opposing the utilization of natural law, what is the only form of law that exists?

<p>Written positive law (D)</p> Signup and view all the answers

What criterion does Peckham use to determine the constitutionality of a law?

<p>If it is a reasonable exercise of police power. (D)</p> Signup and view all the answers

What implication does the dissenting view attribute to the concept of rights?

<p>Rights are defined by government statutes. (D)</p> Signup and view all the answers

What was the outcome of the New York law regarding bakers’ working hours?

<p>It was labelled unconstitutional under the 14th Amendment. (D)</p> Signup and view all the answers

What does the content suggest about state paternalism in labor regulation?

<p>It lacks justification unless protecting vulnerable individuals. (D)</p> Signup and view all the answers

According to Iredell's dissent, which aspect of judges' roles is emphasized?

<p>Judges should follow only the written law. (D)</p> Signup and view all the answers

What potential problem does the dissent raise regarding natural rights?

<p>They are subjective and uncertain. (B)</p> Signup and view all the answers

What must be considered first before assessing the use of race in university admissions?

<p>Workable, race-neutral alternatives (C)</p> Signup and view all the answers

In the context of Gratz v. Bollinger, why was the point system criticized?

<p>It was based on a mechanical formula rather than individual assessment. (A)</p> Signup and view all the answers

What is a legal limitation placed on considering race in university admissions?

<p>There must be a time limit on the affirmative action program. (B)</p> Signup and view all the answers

Under what condition can race be used directly in admissions according to the discussed rulings?

<p>In case of identified discrimination. (D)</p> Signup and view all the answers

Which of the following factors can universities consider as an alternative to race in application evaluations?

<p>Socioeconomic status. (B)</p> Signup and view all the answers

What is a requirement specified regarding the assessment of non-minority applicants?

<p>No burdens should be imposed on them. (D)</p> Signup and view all the answers

What aspect of race-based admissions does the concept of 'mechanical formula' refer to?

<p>A rigid point allocation system. (A)</p> Signup and view all the answers

Which of these statements best reflects the ruling from Students for Fair Admissions v. Harvard?

<p>Diversity must be approached without strict racial quotas. (D)</p> Signup and view all the answers

What must the government demonstrate once a prima facie case of discriminatory purpose is established?

<p>The racially-neutral selection criteria produced disparate results. (A)</p> Signup and view all the answers

Which of the following factors is NOT considered to infer discriminatory purpose?

<p>Public opinion polling data (B)</p> Signup and view all the answers

According to the principles outlined, which statement about affirmative action programs is correct?

<p>They cannot make any racial classifications, even if it benefits minority groups. (D)</p> Signup and view all the answers

What is the standard of review that applies to all considerations of race in governmental actions?

<p>Strict scrutiny (A)</p> Signup and view all the answers

Which of the following is a valid justification for a racially-preferential policy under strict scrutiny?

<p>Identified discrimination in a specific case (A)</p> Signup and view all the answers

What must be considered when evaluating the use of race in decision-making processes?

<p>Race cannot be the sole determinant of outcomes. (C)</p> Signup and view all the answers

What does disparate impact indicate in the context of discriminatory practices?

<p>Unequal outcomes resulting from a neutral policy. (B)</p> Signup and view all the answers

Why is voting described as being strongly protected in the context of discrimination?

<p>It is considered an elementary right. (A)</p> Signup and view all the answers

What does Harlan assert regarding the liberty to contract and police regulations?

<p>It is real but subject to reasonable regulations. (D)</p> Signup and view all the answers

According to Holmes, what must be upheld even if laws are considered tyrannical?

<p>The laws themselves. (B)</p> Signup and view all the answers

What is a requirement for laws according to due process as discussed in the content?

<p>They should not be unreasonable, arbitrary, or capricious. (A)</p> Signup and view all the answers

How has the court's view on laissez-faire economics changed according to the content?

<p>It has become more flexible due to new economic experiences. (B)</p> Signup and view all the answers

What justification is provided for the state's intrusion on the right to contract?

<p>To prevent exploitation of workers. (A)</p> Signup and view all the answers

What does the rational basis test grant in legislative matters?

<p>Deference to legislative fact judgments. (B)</p> Signup and view all the answers

What is one consequence mentioned regarding employers who fail to pay a livable wage?

<p>Taxpayers may have to subsidize their workers' living expenses. (D)</p> Signup and view all the answers

What is a perspective of dissenters regarding taxpayer subsidies in relation to employer wages?

<p>Taxpayers are always subsidizing employers. (D)</p> Signup and view all the answers

What defines the law as unconstitutional when it comes to sex discrimination?

<p>There are similarly-situated men not placed on the other side. (D)</p> Signup and view all the answers

What is the scrutiny level applied when a law attempts to equalize the sexes based on a biological difference?

<p>Medium-rare scrutiny (B)</p> Signup and view all the answers

Which of the following circumstances would NOT require strict scrutiny for alien classifications?

<p>Exclusion from elected office (D)</p> Signup and view all the answers

What must be proven to establish disparate impact for a facially neutral law regarding sex discrimination?

<p>Invidious discriminatory purpose (D)</p> Signup and view all the answers

Which of the following best describes a situation where telling someone they can’t do something is deemed worse than deprivation of benefits?

<p>Imposing regulatory burdens on men and women (A)</p> Signup and view all the answers

When is strict scrutiny applied to alien classifications?

<p>When denying welfare benefits (B)</p> Signup and view all the answers

If a law is facially neutral but has a discriminatory impact, what is a necessary condition for heightened scrutiny?

<p>Intent to discriminate must be evident (B)</p> Signup and view all the answers

What is the relationship between being a citizen and the exclusion from certain public functions?

<p>Citizenship is crucial for relevant public functions. (B)</p> Signup and view all the answers

Flashcards

Judicial Intervention

The court's involvement in limiting government power to protect unenumerated rights.

Natural Law

Invisible rights beyond those specifically listed in the Constitution. Used as a check on government power.

Positive Law

Rights explicitly stated in the Constitution, limiting government power.

Substantive Due Process

Constitutional guarantee protecting liberty/economic rights beyond explicitly enumerated ones.

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Economic Liberty

The right to contract, fundamental aspect of liberty.

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Police Power

State's authority to regulate for public good.

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Lochner v. New York

Landmark case where the Supreme Court deemed a state labor law unconstitutional, applying substantive due process, limiting hours, workers’ rights.

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Unreasonable Legislation

Laws that are arbitrary, unnecessary, and go beyond the proper purpose, therefore, unconstitutional.

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Disparate Impact

A selection process that, even without intentional discrimination, has a disproportionately negative effect on a protected group.

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Discriminatory Purpose

Intentional discrimination, a motivating factor, not necessarily the primary one.

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Affirmative Action (explicit quota)

Laws reserving places for minorities are unconstitutional; race cannot be the primary deciding factor in selection.

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Strict Scrutiny

The highest standard of judicial review, requiring compelling government interest and narrowly tailored measures.

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Racial Classification

Any policy based on race, even if seemingly aimed at a different group.

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Motivating Factor

A factor that contributes to a decision, not necessarily the only or primary reason.

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Burden Shifting

In legal proceedings, the responsibility for proof transfers from one party to another, if conditions are met.

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Race as a factor

Race can be considered as one factor among others, but the selection cannot be solely based on race.

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Public health justification (proper purpose)

A legitimate reason for government regulation, but not always a sufficient means.

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Reasonable means-end relationship (Nebbia)

Government regulations must have a genuine connection between the means used and the desired outcome.

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Economic regulations (pre-Depression)

Pre-Great Depression, courts tended to respect businesses' freedom to contract without much government intervention.

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Right to contract (not absolute)

The right to make contracts is now recognized as not unlimited, and subject to government regulations in the public interest.

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Rational basis test (Carolene Products)

Courts give great deference to laws passed by the legislature, requiring only a rational connection between the means and the purpose.

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Minimum wage laws (West Coast Hotel)

The government can impose minimum wage laws to protect workers and curb potential public expense.

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Court's role in policy evaluation

Courts need to be very careful about evaluating government policy choices, staying away from legislating.

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Economic changes and regulation (Great Depression)

The Great Depression changed the economic landscape, leading to a shift in how courts viewed government intervention in the economy.

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14th Amendment and Sovereign Immunity

The 14th Amendment, enacted after the 11th Amendment, can override state sovereign immunity, but is limited by the congruence/proportionality test.

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Congruence Test

Determines whether Congressional action is proportionate to the discrimination problem. It examines the severity of discrimination based on the classification (suspect or rational basis).

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Proportionality Test

Examines the means used by Congress against the harm being addressed. If costs are disproportionate to the evidence of discrimination, the law could be struck down (e.g., requiring expensive accommodations with minimal evidence).

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Fundamental Rights and 14th Amendment

When a law targets a rational basis classification under the 14th Amendment and a fundamental right, Congress's power is expanded.

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Heightened Scrutiny for Sex Classifications

Laws based on sex classifications receive heightened scrutiny, giving Congress greater power to regulate (as seen in the FMLA case).

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Sex Discrimination: Similarly Situated?

A law is unconstitutional if it treats men and women differently when there are similarly situated men who could be placed on the same side of the burden.

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Sex Discrimination: Pregnancy Exception

A law that discriminates based on pregnancy is likely constitutional because there are no men who can become pregnant, making them not similarly situated.

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Sex Discrimination: Relevant Biological Difference

Laws that equalize the sexes based on a relevant biological difference, like punishing male statutory rapists more severely than women, are subject to "medium-rare" scrutiny.

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Sex Discrimination: Invidious Discriminatory Purpose

To prove sex discrimination for a facially neutral law, you must demonstrate an invidious (hateful) discriminatory purpose, not just disparate impact.

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Alien Classification: Strict Scrutiny

Legal non-citizen resident alien classifications receive strict scrutiny when denying welfare benefits, civil service, bar membership, or notary public jobs.

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Alien Classification: Public Function Exception

Aliens can be excluded from certain positions like elected office, police, teaching, and probation officer roles, applying rational basis review.

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Alien Classification: Citizen Requirement

The requirement of citizenship for public function roles is based on the relevance of citizenship to the function itself.

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Alien Classification: Rational Basis Review

When alien classification pertains to a "public function", it is reviewed under the rational basis test.

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Compelling Interest for Diversity in Admissions

Universities can use race as a factor in admissions to achieve diversity, but only if it is a 'compelling interest' that justifies strict scrutiny.

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Race-Neutral Alternatives

Universities must first consider race-neutral alternatives (methods that don't directly use race) to achieve diversity before resorting to race-conscious measures.

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Individual Assessment

Race cannot be a deciding factor in admissions. Instead, universities must consider each applicant individually, weighing their qualifications and experiences comprehensively.

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Time Limit on Affirmative Action Programs

Affirmative action programs using race must have a time limit to ensure they are temporary and do not become permanent.

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Mechanical Formula vs. Individual Evaluation

Using a point system that automatically gives points for race is unconstitutional, but evaluating each applicant individually and considering race as one factor is allowed.

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Strict Racial Diversity vs. Compelling Interest

While diversity is a compelling interest, using race for strict racial diversity (quotas) is unconstitutional.

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Means of Considering Race

Universities can consider race indirectly by focusing on factors like socioeconomic status, geographic origin, or experiences with racism, but they cannot rely on race itself as the sole factor.

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Deference to University Judgment

Courts generally defer to universities' decisions on educational matters, but these decisions are still subject to constitutional limitations.

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Study Notes

The Incorporation of Fundamental Rights

  • Pre-Civil War, Justice Marshall presumed the federal Constitution only applied to the federal government, not the states.
  • 5th Amendment didn't apply to states (Barron v. Mayor and City Council of Baltimore).
  • Arguements by comparing the text and specific references between Article 1, §9 and Article 2, §10.
  • Framers were more concerned with federal power than state power.
  • The Federal Constitution only deals with the federal government, unless stated otherwise.
  • Dred Scott v. Sandford: Ruled that "citizen" in the Constitution does not include freed descendants of slaves; Non-citizens did not have access to courts.
  • Originalism was used as an interpretation method in the ruling.

Post-Civil War

  • Privileges and immunities clause (PIC) of 14th Amendment didn't apply to rights of state citizens.
  • Only to rights of citizens of the United States.
  • Slaughter-house Cases: Butcher monopoly; the purpose of the 14th Amendment was to protect freed slaves from Southern state laws
  • Two buckets of rights (state citizen rights & US citizen rights)
  • Justice Marshall suggested that the federal government and the states could have separate powers and not have any crossover. This was refuted by the court rulings.
  • Three models exist for interpretation of the PIC:
    • Miller (majority) model: Protections are only for US citizens against state actions.
    • Field/Bradley model: Fundamental rights are incorporated against the states.
    • Thomas/Black model: Total incorporation of all amendments.

Incorporation Through the Due Process Clause

  • Debate in Adamson v. California: Justice Black argued for total incorporation, while other justices argued for selective incorporation.
  • Justice Frankfurter: Selective incorporation (incorporate rights on a case-by-case basis; concerned with the subjective nature of judges interpreting fundamental rights).
  • Justice Black (total incorporation): Incorporate the entire Bill of Rights against the states

Substantive Due Process and Economic Liberties

  • Substantive due process: Unwritten, unenumerated higher law exists to be enforced against government.
  • Calder v. Bull: (majority) argued there are unwritten principles of law based in nature. No positivist laws (Chase).
  • Iredell (dissent): The rights are constraints on government power, found in the constitution, which are NOT invisible natural laws (positivist).
  • Right to contract is protected by substantive due process.
  • Lochner v. New York: NY law limiting bakers’ working hours was unconstitutional. This implied there was a right to contract.
  • Peckham: A test to see if legislation is constitutional: (fair, reasonable, and appropriate exercise of police power, or unconstitutional).

Equal Protection

  • Minimum Rationality Review of Economic Regulation
  • Race Discrimination
  • Sex Discrimination
  • Other Classifications
  • Fundamental Interests
  • Congress's Civil Rights Enforcement Powers
  • Congressional Power to Enforce Civil Rights Under the 14th and 15th Amendments

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Constitutional Law II Outline PDF

Description

Explore how fundamental rights were incorporated into the U.S. Constitution from pre-Civil War decisions to post-Civil War amendments. This quiz covers landmark cases and interpretations, such as Barron v. Baltimore and Dred Scott v. Sandford, alongside the impact of the 14th Amendment. Test your understanding of these crucial legal concepts.

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