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Unformatted text preview: PSC 2302 AMERICAN CONSTITUTIONAL DEVELOPMENT PROFESSOR BROGDON SPRING 2011 Exam Three Study Guide The following list of terms reflects the potential subject matter of the exam. You should be familiar with the relevant information covered in the textbook, the reading packets, and (especially) class discussion. Remember that all exams are cumulative so be sure to revisit the material covered on previous exams. Racial Discrimination 13 th Amendment Conferred broad authority on Congress to eliminate all racial barriers to the acquisition of real and personal property. It officially abolished and continues to prohibit slavery and involuntary servitude, except as punishment for a crime. Civil Rights Act of 1866 Got rid of the badges of servitude. Declared that people born in the United States and not subject to any foreign power are entitled to be citizens, without regard to race, color, or previous condition of slavery of involuntary servitude. Also said that any citizen has the same right as a white citizen to make and enforce contracts, sue and be sued, give evidence in court, and inherit, purchase, lease, hold, and convey realy and personal property. 14 th Amendment The 14 th amendment contains broad statements about rights. No law can abridge privileges and immunities of the citizens of the United States. The court says the 14 th amendment protects the right of people to conduct in lawful contracts. Guarantees due process of law. Due process prohibits state and local governments from depriving persons of life, liberty, or property without certain steps being taken to ensure fairness. Equal protection clause requires each state to provide equal protection under the law to all people within its jurisdiction. Very important in Brown v. Board of Education. Civil Rights Act of 1875 Made it illegal to discriminate in public accommodations. You cant refuse someone service based on race or appearance. It was later declared unconstitutional in 1883. The Civil Rights Cases (state action req.) The court invalidates as applied to privately owned public accommodations. The majority of the court looked at the act of 1875, but said the 14 th amendment only covers state action and not private actions. There are two responses. Fredrick Douglass says that the two reasons the 14 th amendment should be expanded (they may be privately owned, but they are public businesses). When a community and through its customs and private choices make discrimination a matter of local custom, it does take on the character of the state action. Harlan says that we dont need the 14 th amenedment to pass this law. Plessy v. Ferguson (w/ Harlans dissent) o Rail line that started and ended in Louisiana o Has to be separate train cars o Each car has to have equal facilities o Combination of equality and segregation o Separate is not necessarily unequal o Harlin: writes the dissent (most famous dissent) that attacks doctrine of separate but equal....
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This note was uploaded on 08/30/2011 for the course PSC 2302 taught by Professor Dr.riley during the Fall '08 term at Baylor.
- Fall '08