Property Rights
The 5th Amendment includes the clause: "Nor shall private property be taken for public use, without just compensation." This is popularly known as what clause?
What is the Takings Clause?
Historical justification for this reason has special emphasis under the Equal Protection Clause.
What is ending racial discrimination?
In the 1971 landmark decision that legalized abortion in the US, the Supreme Court cited 9 cases to justify the ruling. All these cases had this in common.
What is nothing? The cases had nothing in common with each other or the topic of abortion.
Relating to laws and statutes.
What is Statutory?
Case (using Norma McCorvey's pseudonym, who didn't even want an abortion), which established unrestricted legality of abortion in all states from conception to birth.
What is Roe V. Wade?
Name THREE of the seven most common public uses for eminent domain?
What are: roads, libraries, hospitals, schools, prisons, airports, and parks.
Strict Scrutiny, Mid-Level Scrutiny, and Minimal Scrutiny for Equal Protection cases come from this Constitutional basis.
What is None, there is no Constitutional basis. It's all completely made up?
In the 1971, the Supreme Court determined what was allowed in terminating a first, second, or third trimester of pregnancy, from this Constitutional basis.
What is None, there is no Constitutional basis. It's all completely made up.
Requiring a specific percentage of benefits (jobs, education, etc) be granted to individuals based on specific profiles, usually racial.
What are Quotas?
Said that slaves and dependents of slaves could never become US citizens. Repudiated by the 14th Amendment after the Civil War.
What is Dred Scott v. Sanford?
Eminent Domain has begun being used beyond "public use", buying up land and selling it for private development. The justification is the higher tax coming into the area will spur growth, jobs, and prosperity. This might be used as a justification in the near future in the Johnstown area. This justification is known as this.
What is Public Benefit?
This type of decision would violate the Equal Protection Clause, because it's based on the individual will/opinions of those holding power, rather than on reason or legal rule.
What is an Arbitrary decision?
This clause of the 14th Amendment states that "Nor shall any State deprive any person of life, liberty, and property" without this, even if the person is not (or not yet) a US citizen.
What is the Due Process?
The power of the state to take away property from an owner (with fair market price paid) for genuine public use/need.
What is Eminent Domain?
Ended the "Separate but Equal" doctrine.
What is Brown v. Board of Education?
The narrow vote result in the Kelo decision, when the Supreme Court effectively re-wrote the 5th Amendment to add the idea of "public benefit".
What was 5 to 4?
Suspect classification groups given preferential treatment, especially in education and employment. It's not used as often as it was in the late 1970-90s.
What is Affirmative Action?
Despite the fact that in many modern cases, including Roe, the courts have been writing statutes, Article 1 Section 1 of the Constitution says that "All legislative Powers herein granted shall be vested in" this entity.
What is the Congress of the United States?
A class of individuals that have been historically the subject of discrimination.
What is Suspect Classification?
Established the "Separate but Equal" doctrine which was not in any way equal.
What is Plessy v. Ferguson?
According to the 5th Amendment, when a government takes private property, the "Takings Clause" requires these two things to be true.
What is 1) The government must pay the owner of the property a fair market price, and 2) the property must be put to a public use.
Racial quotas were ruled to be unconstitutional in 2007, however, affirmative action can still be used as long as it's this.
What is a "soft factor" or just one of many deciding factors, not the only one.
What is Quickening?
Any condition imposed on a property owner for zoning requirements must be in balance with the property owner's use versus the public benefit.
What is Rough Proportionality Test?
The Supreme Court ruled that an emergency situation was justification for the government's use of interment camps during World War 2.
What is Korematsu v. United States?