Legal Elements of Reconstruction and What They Intended To Do
These three Constitutional amendments are known as the Reconstruction amendments. Please also name the broad purpose of each.
What is the 13th, 14th, and 15th amendment? The 13th amendment was meant to end slavery. The 14th amendment was meant to forbid discrimination and allow Congress to protect basic rights of citizenship for all. The 15th amendment was meant to protect voting rights.
This is the key holding of the Slaughter-house Cases.
What is the Privileges Or Immunities Clause is not the same as the Privileges And Immunities Clause? The Privileges Or Immunities Clause only applies to the privileges and immunities one has by virtue of United States citizenship, like the right to travel across state lines.
This doctrine severely limits Congress' ability to protect individual rights from private perpetuators under the 14th amendment.
What is the State Action Doctrine?
Instead of adopting the Davis-Arlington Heights test, courts could accept this factor alone as sufficient to trigger strict scrutiny.
What is disparate impact?
The citizenship clause of the 14th amendment was explicitly intended to overturn this case.
What is Dred Scott?
The 14th amendment was passed to constitutionalize this statute.
What is the Civil Rights Act of 1875?
These three groups of people are not citizens of the United States despite being born in one of the fifty states.
Who are the children of foreign ambassadors, the children of invaders, and "Indians not taxed"?
This Reconstruction statute passed in 1871 is one of the most frequently sued under federal causes of action today.
What is the Klu Klux Klan Act of 1871 (42 USC §1983)?
This argument based on a 1968 case could be the basis for a challenge to the criminal legal system under the 13th amendment.
What is Congress can define the badges and incidents of slavery under Jones v. Alfred Mayer.
This since overruled 19th century case severely limited the power of the Equal Protection Clause.
What is Plessy v. Ferguson?
The Court used this clause of the Constitution to uphold the Civil Rights Act of 1964 despite its precedent in the Civil Rights Cases.
What is the Commerce Clause?
This rule is one reason the 13th amendment is so rarely invoked.
What is the Slaughter-house Cases we know it when we see it test, which requires servitude and slavery to be like pre-Civil War slavery in the United States.
Federal prosecutors turned to this statute to indict the perpetuators of the Colfax massacre.
What is the Enforcement Act of 1870, also known as the First Klu Klux Klan Act or the Civil Rights Act of 1870?
This theory of Constitutional law would have allowed the Civil Rights Act of 1875 and the 14th amendment to be applied as their framers intended.
What is legislative supremacy?
This case declared that the 14th amendment applied to all persons in the United States, not just citizens.
What is Yick Wo?
This Constitutional clause was intended to overturn the Court's decision in Baron.
What is the Privileges Or Immunities Clause of the 14th amendment?
This case held that voting is not a right under the Privileges Or Immunities Clause.
What is Minor v. Happersett?
This recent decision used the concept of standing to undermine the purposes of §1983.
What is Whole Women's Health v. Jackson?
These are three of the only cases in which courts struck down legislation under the rational basis test.
What are Yick Wo, Moreno, and Romer?
These three cases are among the only ones in which a policy has been struck down under the rational basis test.
What is Yick Wo, Moreno, and Romer?
This federal government passed this law to try to insulate military directed multiracial democracy in the South from a new president determined to oppose Reconstruction.
What is the Tenure of Office Act of 1867?
This tool of voter suppression was upheld as Constitutional in the 15th amendment in Lassiter.
These three requirements limit who can be sued under §1983.
What are, the defendant must be a person. The defendant was not acting under color of federal law, and the defendant is not protected by absolute or qualified immunity.
These justices in these cases advocated for a proportionality test rather than a binary between rational basis and strict scrutiny in Equal Protection Clause cases.
What is Justice Marshall in San Antonio Independent School District v. Rodriguez and Justice Stevens in Craig v. Boren?
This case declared that for a federal right to be clearly established for the purposes of qualified immunity, it must have been announced in a Supreme Court case.