1. Cases and Terms
Module 10
Chapter 10

2. 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 Amendment.

3. 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.

4. 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 members.
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 Amendment’s Due Process Clause.

5. 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.

6. 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 account.”
Reynolds v. Sims (1964): Applied the principle of “one person one vote” to both houses of state legislatures.
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 homosexuals.

7. 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

9. 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 University’s largest undergraduate school, the College of Literature Science, and the Arts (Gratz v. Bollinger) and its Law School (Grutter v. Bollinger).

10. 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

11. Terms – Chapter 10
Due Process Clauses: Provisions found in the Fifth and Fourteenth Amendments prohibiting the government from taking a person’s 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 Amendment’s complete abolition of slavery.
Equal Protection Clause: A provision found within the Fourteenth Amendment requiring that state governments extend equal treatment to all persons.

12. Terms – Chapter 10
Equal Rights Amendment: An amendment proposed by Congress to eliminate discrimination based on sex; the amendment fell three states shy of ratification.
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.

13. 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

14. 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 person’s 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.

15. 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 Court’s 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.

16. 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 objective.