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Politics > POL 3001 Final Exam > Flashcards

POL 3001 Final Exam Flashcards

1
Q

What are the different standards of judicial review?

A

Rational Basis, Strict Scrutnity, intermediate scrutinity

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2
Q

What is Rational basis review and when is it used?

A
  • is the default standard of judicial review
  • determines that a law is constitutional if it is rationaly related to a legitimate end of government
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3
Q

What is intermediate scrutinity and when is it used?

A
  • Relates to Craig v. Boren (1976)
  • The case had to do with the state of Oklahoma that had different drinking ages for men and women
  • Law must be substantially related to an important gov’t interest
  • gender is not a suspect classifications
  • women are not a minority group

-had to do with gender-based distinctions in the law

suspect classifications is built around the idea of protecting minority groups from oppression of the majority groups

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4
Q

What is Strict Scrutiny and when is it used?

A

-First established footnote 4 U.S. vs. Carolene products (1938)
- the law must be proven to be narrowly-tailored, serve compelling interest, and must use the least restrictive means.

-burden on proof is on the government

  • has been used mostly in cases that deal with fundamental rights (first amendment etc.), suspect classes (laws that treat people differently on the basis of race, religion, or national origin
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5
Q

Why is strict scrutiny standard not used for gender discrimination cases?

A
  • Gender is not a suspect classification.
  • Women are not a minority group
  • Argued that gender discrimination is not as severe as racial discrimination
  • well-intentioned benevolent sexism
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6
Q

Sexual Harrassment

A

Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.
Catergorized into two: Quid pro Quo and Hostile work environment

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7
Q

What is hostile work environment?

A
  • Has to do with the level of offensiveness of the conduct
  • frequency (how often is the alleged conduct occuring)
  • context (standards are different in every workplace)
  • the total length of time it had been going on
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8
Q

What is quid pro quo harrassment?

A
  • explicit exchange of unwanted sexual advances to maintain or advance your position at work
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9
Q

What is Protectionist legislation?

A
  • Meant to treat women differently than men in the workforce
  • rooted in the physical differences between men and women
  • justified socially and morally
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10
Q

What are the justifications for protectionist legislation?

A

Social Justification- the idea that you want to protect the social role of women as housewives and mothers’ primarily
Moral Justification - the idea that women are morally fragile and easily corrupted and they need to be protected.

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11
Q

Where is the right to privacy mentioned in the constitution?

A

1st, 3rd, 5th, 9th, 4th, and 14th amendments

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12
Q

What is trimester framework?

A

Restricts the legality of abortion based on the trimester of a woman’s pregnancy
- 1st trimester - few abortion restrictions permissible
- 2nd trimester - restrictions allowed to protect the health of the mother
- 3rd trimester - state is allowed to heavily restrict abortion access

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13
Q

What is undue burden standard?

A

-used to determine if a given abortion restriction was or not constitutional
- varied among states (states were given the ability to define what undue bruden meant to them)

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14
Q

What are the inconsistencies in the definition and application of the undue burden standard?

A
  1. cumulative impact - some states would look at a state that passed multiple restrictions towards abortion access
  2. individual impact- other states would look at restrictions in isolation
  3. there is no objective definition of burden: some states consider intangible and psychological, while others consider just tangible burdens
  4. question of is it worse to burden a few women a lot or many women a little
  5. what counts as valid source of information
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15
Q

Hyde Amendment

A

Meant to prohibit the use of federal funds (Medicaid) funding abortion services, except in cases of life endangerment to the pregnant person.

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16
Q

TRAP laws

A
  • targeted regulation of abortion providers
  • the purpose was to regulate abortion clinics out of existence
  • was designed to have difficult requirements to meet and doctors performing must have admitted privileges
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17
Q

No fault divorce

A

You can get divorced just b/c you don’t like each other. It is not necessary to prove specific violation of marriage vows

first adopted in California in 1970; New York last state to adopt 2010.

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18
Q

Fault divorce

A
  • Adultery
  • Desertion from spouse
  • Abuse/cruelty
  • involuntary servitude
  • incurable insanity
  • addiction
  • felony convinction

  • must allege that one of them did something wrong, the one at fault would suffer financial penalties
19
Q

Criminalization of marital rape

A

-Began in 1978 and continued to 1993 (inception clause)
became a crime in all 50 states in july 1993
Marriage is not a defense to rape

20
Q

Representation of women in the judicial branch

A

Appointment is better…
1. if there are no women in a particular judicial system appointment, is better than election, otherwise no difference
2. dealing with a judicial system with no women in it (only when it is beneficial for women to be appointed)
3. Judicial system (speak on supreme court)

21
Q

is there a difference in the behavior between male and female judges?

A
  • There are gender based differences in the field of sexual harrassment and employment discrimination
  • women are more sympathetic to individuals alledging sexual harrassment
22
Q

Judicial appointment process

A
  • Federal judges are appointed by the president and confirmed/rejected by the senate
  • State judicial systems appoint judges through election, legislative, and gubernatorial appointment

  • state judicial systems are not life terms; have mandatory retirement age 70-75
  • VT - 90 years
23
Q

Judicial elections

A
  • Gender has no impact on judicial elections
  • there are partisan, non-partisan, and retention elections for state judicial systems
  • partisan election - run for position/competive and is explicitly labeled
  • non-partisan - not explicitly labeled (you can still guess which ideology judicial candidates lean towards.
  • retention - vote yes or no, not much campaign spending, and is pretty hard to lose election when you’re running against someone
24
Q

Historical background of the fourteenth amendment

A
  • Ratified in 1868
  • focuses on due process clause and equal protection clause
  • written and added into the constitution in response to the black codes
  • incorporation - refers to the application of the bill of rights to the state gov’ts (1925-2019)
  • Nor shall any state deprive any person of life, liberty, and property without due process
25
Q

But for discrimination

A
  • same concepts apply regardless of any discrimination you’re alleging (you dont have to prove sexual desire to prove sexual harassment)
  • have to prove it occured because of protected class
  • must prove discrimination occured because of one reason and no other factors
26
Q

What is mixed motive discrimination?

A
  • you were discriminated against because you were (protected class) but you screwed up at your job, therefore you employer had another legitimate reason to fire or not promote you.
  • Discrimination occured but your employer also had legitimate reason to sanction you.
27
Q

Muller v. Oregon (1908)

A
  • Does an Oregon law limiting the hours women are allowed to work violate the Fourteenth Amendment?
  • Oregon law limited working hours of women to no more than 10 hrs a day
  • State had vested interest in physically healthy women for the purpose of reproducing healthy offspring

  • purpose of seeing women just to reproduce
28
Q

Hoyt v. Florida (1961)

A
  • jury service was voluntary for women but mandatory for men
  • women was charged for killing her abusive husband; argued it self-defense.
  • all-male Jury had rejected her argument and she had been convincted
  • SCOTUS unanimously decided to uphold to protect the role of housewives from “the obscenity and filfth of the courtroom”
29
Q

Reed vs. Reed (1971)

A
  • Regarding a legally seperated couple having to adminsiter the estate of their dead son.
  • the State of Idaho had a law where: if there is a conflict between an estate, male should be prefered over female
  • the law was struck down, wife sued and won, and the case was the first time SCOTUS ruled a type of gender discrimination violated the 14th amendment.

Afterward, SCOTUS spend the rest of the 1970s striking down protectionist legislation

30
Q

Craig v. Boren (1976)

A
  • Case dealt with state of Oklahoma having different drinking ages for men and women
  • Law must be substantially related to an important gov’t interest
  • 7-2 decision, court ruled that the statue made unconstitutional gender classifications.
31
Q

Stenberg v. Carhart

A
  • A Nebraska law made it prohibited any “partial birth” abortion unless that procedure was necessary to save the mother’s life
  • Carhart argued the statue violates the constitution, claiming the law was unconstitutionally vague and placed undue burden on himself and female patients seeking abortions
  • 5-4 decision the law is unconstitutional because it lacks an exception for the life/health of the mother
32
Q

Gonzales v. Carhart (2007)

A
  • Case concerned partial-birth abortion act (2003)
  • Forbade acts “knowingly killing the living fetus”
  • Forbade “DE” procedures - “Dilation & Extraction”
  • Court ruled 5-4 decision that act does not violate “undue burden” standard. Claimed it was “narrowly tailored” and specific.
33
Q

Meritor Savings Bank v. Vinson (1986)

A
  • established the concept of hostile work environment sexual harassment
  • involved this women working at a bank as bank teller and her boss coerced her into having sex with him and also raped her
  • fired her for not having sex with him anymore
  • Lost original lawsuit due to having no evidence of quid pro quo.
  • However, SCOTUS said it did count as hostile work environment sexual harassment as it was sexual assault/coerced sex.
34
Q

Harris v. Forklift Systems (1993)

A
  • Has to do with hostile work environment sexual harassment
  • ruled that sexual harassment does not need to severely compromsie your job performance or your psychological well-being to be considered.
  • sexual harassment was viewed as something men do to women
  • found that harris was sexually harrassed and still counted even though it did not negatively affect her job performance
  • argued that the root cause for sexual harrassment is sexual attraction
35
Q

Oncale v. Sundowner Offshore Services (1998)

A
  • Oncale was sexually assaulted by other oil rig members who accused Oncale of being gay
  • Oncale won his case and changed the original understanding of sexual harassment
    1. you did not have to prove sexual desire to prove sexual harassment
36
Q

Price Waterhouse v. Hopkins 1989

A
  • Ann Hopkins worked at Price Waterhouse and sued based on the discrimination on the basis of gender.
  • Hopkins was being illegally discriminated against for falling to conform to gender stereotypes in the workplace.
  • Hopkins also had “poor interpersonal skills” her employer had the right to sanction
37
Q

Griswold v. Connecticut (1962)

A
  • Connecticut had a statute, as far back as 1878, that banned contraceptives (applied to married & unmarried couples)
  • Griswold argued law was from the dark ages; Griswold and other doctors got arrested for the purpose of the case
  • SCOTUS 7-2 decision the notion of marriage presented privacy as a right, within the home established, any bans of contraceptives violate the privacy right.
  • While right to privacy is not explicitly stated in constitution, the court said there are penumbras that establish a right to privacy

- contraceptive use between married couples was allowed

  • relates to the 9th amendment - enumeration of certain rights, should not deny or disparage otheres retained by the people
  • 4th, 5th, 3rd, and 14th amendment
38
Q

Roe v. Wade (1973)

A
  • Under Jane Roe (Norma McCorvey), who had been pregnant with third child
  • case had concerned texas abortion law; law had been so strict it did not permit her the right to choice
  • Court tried to declare mootness; McCorvey’s attorneys argued that case was not moot because: roe could become pregnant again, the case did not represent only roe, but women nationwide, and court procedure exceeded the human gestation process.
  • Case created the trimester framework where up to the end of 1st trimister- gov’t cannot claim legitimate interest to restrict abortion. As trimester progress, states can claim legitimate interest for patient safety providing federal protection.
  • The decision should be between a patient and their physician.

  • relates to 14th amendment (due process), and 9th amendment (enumeration/implication) - right to privacy was implied.
39
Q

Planned Parenthood v. Casey (1992)

A

-Regarding a Pennsylvania abortion law that required 24 hr wait period before procedure (patients would be given literature to convince women to not get an abortion), parental consent for minors age 17 and under, and spousal consent
- 5-4 decision; reaffirmed Roe, but had upheld most of the Pennsylvania provisions.
- Introduced the “undue burden” standard

  • spousal consent was found to be the only provision that had violated the undue burden standard
40
Q

Bowers v. Hardwick (1986)

A
  • Police had entered the home Michael Hardwick, on claims of public drinking
  • They had found him engaging in oral sex with another man.
  • Under georgia laws, sodomy prohibited, for hetero/homosexual relationships
  • Punishment for up to 20 years
  • Court claimed this activity is not “deeply-rooted” in history/legal tradition; sodomy was not protected.
41
Q

Lawrence v. Texas (2003)

A
  • Police went to Lawrences house on charges of weapon possession; found him engaging in sexual activity with another man (Tyron Garner)
  • Texas sodomy law forbade sodomy, but only for homosexuals
  • law was found to violate the 14th amendment
42
Q

U.S. v. Yazell (1966)

A
  • Indirectly about marriage law
  • Married couple who owned business had business flooded and took out seperate loans
  • terms of loan stated even though it is loan from fed gov’t you will pay back loan in accordance with the loan details of the state
  • Lawyer told wife to use coverture laws to get rid of her debt
  • SCOTUS agreed with her; afterward texas had got rid of coverture

deals with 14th amendment and relates to the doctrine of coverture

43
Q

Goesaert v. Cleary (1948)

A
  • 14th amendment
  • women owned a bar and wanted to hire daughter
  • Michigan passed a law that prohibited women from being a licensed bartender unless she was the wife or daughter of a licensed male bar owner
  • Goesaert argued the law violated equal protection clause because it irrationally distinguished between women in general and women related to male bar owners
  • law was upheld

Politics (9 decks)

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