summary of all cases pchong

summary of all cases pchong - Final Topics 1 Summary 2 Key...

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Final Topics: 1. Summary 2. Key Term 3. Big Question: How Law affects society through institutions and identity/ classification (how it affects each other. Shapes how we look at ourselves, as well as others Creates groupings Affects our outlook on marriage, school, gender…(social institutions) This question is very broad…how do these cases affect our outlook on life, and our interactions in society? 4. Small Question: Willingness to use British Common Law and International Law when dealing with hard cases Is it a living constitution? How are we going to think about the Constitution now? New v. Old. Should we use these laws? What are the bounds of the Constitution? Is it valid to look at another country’s laws? Does it matter if everyone else is doing something different? Should we are about what others are doing? Summary of all Cases: Equal Protection: Plessey v. Ferguson: 1. Created the idea of separate but equal. The majority (Justice Brown) decided that one side of the street is just as good as the other, and as long as the institutions were equal, a state could have separate ones. Dissent: the 13 th , 14 th , and 15 th , amendments prohibit inferiority of race, and that one’s rights can’t be infringed on. 2. Procedural/Substantive Justice 3. Made society believe segregation was justified through separation. Brown v. Board of Education: 1. (Justice Warren) Overturned Plessey, in that schools can never be separate but equal, there will always be the psychological affects of the separate schools infringe on the rights of the Blacks to have equal protection under the law. Public schools must give access to all students, immediate integration of schools. 2. Tangible/Intangible Factors, Redemptive Constitution 3. Removed the idea of “separate but equal” and instilled tolerance/integration. Due Process: Lochner v. New York (1905) 1. A New York statute limited the hours a baker could work in the name of their health. Justice Rufus Peckham, who wrote for the majority, stated that it limited the “right to free contract.” Introduced the levels of scrutiny. 2. Police Powers, Jurisdiction 3. Palko v. Connecticut (1937) 1. The Supreme Court dealt with the incorporation of the 5 th Amendment protection against
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double jeopardy and with its state implementation given by the due process clause of the 14 th Amendment. Justice Cardozo delivered the opinion justifying the state’s actions with fundamental rights such as freedom of speech and thought. 2. Fundamental rights, ordered liberty, Positive/Negative Rights or Liberties 3. U.S. v. Carolene Products Co., Footnote 4 (1938) 1. Introduced idea of minorities with no political power, introduced suspect classification, and called for the usage of “more exacting judicial scrutiny.” 2. Discrete and Insular Minorities, Suspect Classification 3. Korematsu v. United States (1944)
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summary of all cases pchong - Final Topics 1 Summary 2 Key...

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