Vocab I
Rights not outlined directly in the constitution are known as ___________________ and are protected by the __________________ ( hint - a number is needed for this blank) Amendment.
Rights not outlined directly in the constitution are known as unenumerated rights and are protected by the ninth ( hint - a number is needed for this blank) Amendment.
To determine if a law discriminates against a person or a group, the court will most frequently use the __________________________ test.
To determine if a law discriminates against a person or a group, the court will most frequently use the rational basis test.
An important consideration in abortion cases is when an unborn fetus reaches the point of _________________, meaning it can live outside the mother’s womb.
An important consideration in abortion cases is when an unborn fetus reaches the point of viability, meaning it can live outside the mother’s womb.
A Law that requires all public buildings to be wheel chair accessible is constitutional because it passes the substantial relationship test.
False
(substantial relationship test is for laws that create gender categories - so in order for this statement to be true the law must pass the rational basis test)
In 1966, the court upheld the notion of procedural due process in this case which prompted the police department to “read their rights” in a statement that begins “you have the right to remain silent, anything you say can and will be used against you in a court of law, you have the right to an attorney” prior to arresting any suspect.
Miranda V. Arizona
______________________ is the notion that the government must treat citizens fairly and equitably under the law.
Due Process is the notion that the government must treat citizens fairly and equitably under the law.
In gender discrimination cases, the court tends to use the ____________________ test.
In gender discrimination cases, the court tends to use the substantial relationship test.
In Roe. V Wade, the court set up the ____________________________, in which it attempted to balance the right of liberty of the mother and the state’s interest in protecting the fetus’ right to life by establishing that as the pregnancy enters different phases the state’s interest becomes more compelling.
In Roe. V Wade, the court set up the trimester rubric, in which it attempted to balance the right of liberty of the mother and the state’s interest in protecting the fetus’ right to life by establishing that as the pregnancy enters different phases the state’s interest becomes more compelling.
The majority justices in Planned Parenthood V Casey would agree with the opinion written by the majority in Dobbs V. Jackson
False
(The majority in Planned Parenthood recognized the precedent in Roe V Wade that the state could not prohibit abortion outright, the majority in Dobbs/Jackson said states could enact any law they wanted and that the right to abortion was not a constitutionally protected one)
In 1990, the court was forced to decide whether a woman in a coma, unable to express her desire, had the right to die.
Cruzan V Missouri Dept of Health
________________________ is most notably safeguarded by the fifth amendment and is the notion that the government cannot infringe on an individual’s rights without a “procedure” in place. For example, there must be a trial to determine if one is not guilty or guilt of a crime for which they are accused.
Procedural Due Process is most notably safeguarded by the fifth amendment and is the notion that the government cannot infringe on an individual’s rights without a “procedure” in place. For example, there must be a trial to determine if one is not guilty or guilt of a crime for which they are accused.
In cases of racial or religious discrimination, the court must use the _______________________ test, the most rigorous test the court has to assess 14th amendment claims
In cases of racial or religious discrimination, the court must use the strict scrutiny test, the most rigorous test the court has to assess 14th amendment claims
In Planned Parenthood V Casey, the court established the _____________________________ test, a vague standard that overturned the rubric described in Roe and instead said the state can make laws that regulate abortion throughout the pregnancy so long as the laws did not create a substantial obstacle in the path of a woman seeking an abortion.
In Planned Parenthood V Casey, the court established the undue burden test,a vague standard that overturned the rubric described in Roe and instead said the state can make laws that regulate abortion throughout the pregnancy so long as the laws did not create a substantial obstacle in the path of a woman seeking an abortion.
A justice that believes that substantive due process exists would argue that the right to marital privacy is implied in the constitution.
True
In this 2003 case, the Supreme court overturned a Texas law banning homosexual conduct.
Lawrence V Texas
_________________________ is a controversial idea derived from the 14th amendment that assesses whether a law or government action infringes on a group or individuals rights is justified for a significant purpose.
substantive due process is a controversial idea derived from the 14th amendment that assesses whether a law or government action infringes on a group or individuals rights is justified for a significant purpose.
Proponents of the right to privacy argue that this right exists and is derived from rights carved out in the 3rd, 4th, 5th, 9th, and 14th amendments through the creation of ________________________________ (hint - a three word phrase is needed in this blank). For example, since the third amendment states that the government cannot require citizens to house soldiers, there exists a separate standard for the home than public spaces.
Proponents of the right to privacy argue that this right exists and is derived from rights carved out in the 3rd, 4th, 5th, 9th, and 14th amendments through the creation of zones of privacy (hint - a three word phrase is needed in this blank). For example, since the third amendment states that the government cannot require citizens to house soldiers, there exists a separate standard for the home than public spaces.
Justice Scalia was a big proponent of the _______________ interpretation of the constitution, which states that the gold standard for determining whether a right is an unenumerated right is to consider whether the founders intended for it to be in the constitution.
Justice Scalia was a big proponent of the originalist interpretation of the constitution, which states that the gold standard for determining whether a right is an unenumerated right is to consider whether the founders intended for it to be in the constitution.
A college admissions program that uses a point system in which a candidate receives 10 points for good grades, 10 points for a good essay, 10 points for stellar recommendations and 10 points if they are from a minority group that the college has recognized as a priority group in order to promote diversity is constitutional based on the Gratz and Grutter decisions.
False
Quotas and point systems do not pass strict scrutiny because they do not satisfy the second test (the law is narrowly tailored)
Affirmative action programs that pass strict scrutiny must consider the candidates holistically and not create distinct admissions criteria based on race. It can be only one factor not a sole deciding factor
This 1978 case, the Supreme court held that affirmative action programs that utilized a quota system are unconstitutional.
Bakke V. Regents of California
__________________________ is a less controversial idea derived from the 14th amendment that states that all citizens in the United States deserve legal equity and protection.
equal protections is a less controversial idea derived from the 14th amendment that states that all citizens in the United States deserve legal equity and protection.
One remedy for attempting to address past racial discrimination on college campuses or in hiring is an admissions policy called _______________________.
One remedy for attempting to address past racial discrimination on college campuses or in hiring is an admissions policy called Affirmative Action.
_____________________is when some people are treated differently than others due to their membership in a group based on gender, race or religion.
discrimination is when some people are treated differently than others due to their membership in a group based on gender, race or religion.
Women only make up 15% of the tech industry. 10 schools create a program that creates scholarships for women interested in tech in order to promote participation. This program does not pass the substantial relationship test
False
It passes the rational basis test because the category of gender is created in order to create more opportunities (and does not take away) from opportunities from others.
In this 2022 case, the court overturned 50 years worth of precedents and attempted to establish a 5 step process for determining when to ignore Stare Decisis.
Dobbs V. Jackson