ConLaw2 Notes - ConLaw 2 Spring 2003 Santalesa ConLaw 2 -...

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ConLaw 2 Spring 2003 Santalesa ConLaw 2 - First Class 01/14/03 Professor Timothy Zick, 718-990-6633, Email: Chapter 9 - Equal Protection, p. 601 The cool stuff. ... Equal protection, free speech and religious freedom. . 14th Amendment Eq. Protection is very vague and doesn't say a damn thing that helps you make sense of how to apply it, and how it works. Black codes by states after the civil war, limited rights of blacks to contract and do other things. And the reconstruction amendments of 13th, 14th and 15th amendment. 13th - no slavery 15th - right to vote and in between the 14th amendment. We are concerned with sec. 5 - enforcement section. This tells STATES that can can't do stuff. And in Fed. laws there are no equal protection law, but it comes from 5th Amendment "due process" clause, which is taken to include equal protection. After 1868 a few open question Equality - Open Questions * Whom did the framers and ratifiers intend to protect? Just slaves, or were other people to be protected as well. . (Core most people agree is that it was to protect the newly freed slaves, but it goes well beyond that.) * What institution was going to do the protecting - Congress or the judiciary? (Should it be the courts, or primarily Congress. Again, ultimately this came down to the courts.) * What is the scope of rights protected - political, social, civil? (Was it just to protect your democratic rights, or meant to do something far greater. .. placing newly freed slaves in same social and other position as white citizens.) All the above where open questions at the time. Mention of Slaughter house questions. 1873. Supreme court finally get a case and it will answer this questions. It says that primarily the newly freed slaves, Congress would be the enforcer, and scopes of right they are political only. (We'll see that in the separate but equal doctrine.-- can vote, but have to ride in separate cars and go to other schools.) Q. What does it mean to say you're entitled to equal protection of the law? There are two elements to the equality principle. EQUALITY PRINCIPLE * Rational Equality : Rational component of equality -- Likes must be treated alike [unless there is a rational reason not to. ..] (The "anti-discrimination principle") [In order to determine whether something was rational you have to know what was intended in the first place.] * Ethical Equality : Laws that stigmatize, create castes, result from bare animus, or rely upon outdated stereotypes are generally invalid. (Ex. of law school giving scholarships only to men.) - [Illegitimate purposes can’t differentiate on this basis.] 1
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ConLaw 2 Spring 2003 Santalesa [One he tells you the purpose, does the classification advance that purpose?] If something is rational it is not arbitrary or capricious. (What's wrong with some purposes is they are illegitimate.) Some general points If you look hard enough at any two classifications you can find differences. Is there some reason for treating the people differently?
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This note was uploaded on 02/15/2008 for the course LAW 1050 taught by Professor Shea during the Spring '04 term at St. Johns Duplicate.

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ConLaw2 Notes - ConLaw 2 Spring 2003 Santalesa ConLaw 2 -...

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