slavery

Question 1

Explain state v. Post

Answer 1

NJ statute declared every child born after July 4, 1804, free but remain servant of the owner of the mother until reaching a certain age.

Question 2

Holding of State v. Post

Answer 2

this did not abolish slavery. If they had intended to do that - it would have been crystal clear.

Question 3

Explain Dred Scott v. Sandford

Answer 3

Owner took him to a ton of free states and Scott claimed he was free because he was in those states.

Question 4

Holding of Dred Scott

Answer 4

Black people are not citizens and cannot claim any of the rights of citizens of the US.

Question 5

Explain Plessy v. Ferguson

Answer 5

LA statute required railroad companies to provide separate but equal accomodations for white and black races. Man sits on white can and won’t get off.

Question 6

What basis of review in Plessy

Answer 6

Rational Basis review with bite

Question 7

Holding in Plessy

Answer 7

UPHOLDS statute = court cannot say that law which requires separation of two races in public conveyances is unreasonable

Question 8

Harlan Dissent in Plessy

Answer 8

If you don’t grant social equality we will never have a color blind institution.

Question 9

Explain Missouri ex rel Gaines v. Canada

Answer 9

All white law school and sent black students out of state

Question 10

Holding in Missouri ex rel Gaines v. Canada

Answer 10

VIOLATED equal protection clause. Don’t have to admit black students but must maintan and build equal facility.

Question 11

Explain Sweatt v. Painter

Answer 11

Black student not allowed to attend white law school. Facilities separate but not equal

Question 12

Holding on Sweatt v. Painter

Answer 12

Ordered admission of black student to white schools. Certain intangibles that exist in law school cannot be reciprocated organically elsewhere.

Question 13

Explain McLaurin v. OK

Answer 13

admitted student to all white school but sat in special black classroom

Question 14

Holding of Mclaurin v. OK

Answer 14

Restrictions impaired his ability to study, engage and learn with other students

Question 15

Explain Brown I

Answer 15

Black children are seeking admission to the public schools of their community on a non segregated basis

Question 16

Holding of Brown

Answer 16

separate but equal has no place in education.

Question 17

What amendment was Brown brought under and why

Answer 17

14th amendment

Question 18

Explain Bolling v. Sharpe

Answer 18

student attempted to enroll in all white DC school and they said no

Question 19

What amendment did Bolling rely on

Answer 19

5th amendment and used reverse incorporation EPC to apply to federal government

Question 20

holding of Brown II

Answer 20

all schools have to make a good faith effort to admit students in a non racial way with all deliberate speed. Judge determines whether school district has followed the plan.

Question 21

Explain green v. county school board

Answer 21

plan to divide county in two to create integrate schools. Students had option to switch schools but no white students would go to the black school

Question 22

Holding in Green

Answer 22

not enough deliberate speed. Plan was not effective to achieve the unitary school system

Question 23

Explain Swann v. Charlotte

Answer 23

Race conscious plan which took race into account when drawing up school zones

Question 24

holding of Swann

Answer 24

ok to use race conscious policy. Once school meets requirement then they will lift the requirement