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5 Cards in this Set
- Front
- Back
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How have African Americans used the 14th Amendment to pursue civil rights claims, and what challenges did they face?
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brown v board of education- end
Plessy v. Ferguson privileges and immunities civil rights cases- public accomodations Bardwell- civil rights act of 1866 equal protection cases and civil rights cases equal protection cases |
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How have judicial interpretations of the 1st Amendment changed over time?
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1. Explicit rights
a. Interpretations I. [Abrams]-wwI and [Brandenburg]- 1960s 1. Espionage and sedition acts 1917 and 1918 – free speech b. [Implicit rights- Griswold- privacy i. NAACP v Alabama- right to association ii. Right to associate- right to assembly] – 1960s |
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Identify and explain three ways that the Reconstruction Amendments fundamentally changed American constitutional law
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2. 13th 14th 15th
a. 13th i. DS-CRC-“ Universal civil freedom” 1. Badges and incidents of slavery- more room for cr litigation b. 14th- DS i. Gives basis for CR claims c. 15th i. Right to vote – empowers African Americans to join congress- CRA 1875 |
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What particular legal challenges have American women faced because of the common law doctrine of coverture?
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women
3. Women- what is coverture a. Anna Martin- womens will- legacy of coverture b. Declaration of sentiments i. Doi property divorce laws suffrage ii. How coverture was very much embedded in the us law c. Bradwell i. IL adopts common law- professions ii. Concurring opinion d. Griswold |
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Explain how the concept of judicial review developed, and how Americans challenged it during the early 19th century
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4. Judicial Review – Supreme Court authority
a. Not in constitution b. Marbury c. Changes post Marbury d. Continual conflict over supremacy of fed law |
