Supreme Court - Rights and Race

Question 1

Rights today

Key amendments

1,2,4,5,6,8,9,10,13/14,26

Answer 1

• 1st - freedom of speech, religion, press
• 2nd - Right to bear arms, regulated militia
• 4th - Freedom from unreasonable searches
• 5th - right not to self incriminate
• 6th - right to speedy trial
• 8th - No cruel or unusual punishment
• 9th - Bill of rights does not represent all rights of the people
• 10th - Reserved rights of the states - All other powers
• 13/14th - Banned slavery, guaranteeing equality
• 26th - Vote at 18

Question 2

Bill of rights today

Upheld, Controversial and In need of interpretation

Answer 2

• Upheld - Snyder v Phelps funeral protest 2011 1st upheld
• Controversial - 8th amendment not followed by guantanamo
• In need of interpretation - 3rd is not needed now but could be interpreted as ‘right to privacy’

Question 3

Additional rights via SC rulings - Social policy really

Answer 3

• Abortion - Roe V Wade 1973
• Euthanasia - Gonzales v Oregon 2006 - SC Sided w doctor to allow euthenasia
• SSM - Obergefell v Hodges - 2015 - SSM Marriage must be recognised everywhere

Question 4

Race and Rights

Key moments

Answer 4

• 1896 - Plessy v Ferguson allowed separate but equal facilities
• 1954 - Brown v Board of edu banned separate schools
• 1955 - Rosa Parks bus boycott
• 1963 - MLK Jobs and Freedom match
• 1965 - Voting rights act - ended literacy tests
• 1978 - Upheld affirmative action in Uni of Cali

Question 5

Case examples

Answer 5

Plessy v Ferguson - 1896 - Ruled segregation ok as long as facilities equal
Brown v Board of Edu 1954 - Banned separate schools
Civil Rights Act 1964 - Banned discrimination of race, age, gender
University of Cal v Bakke 1978 - Ruled to accept Bakke but upheld affirmative action
Grutter v Bollinger 2003 - Upheld affirmative action
2013/6 Fisher v Texas - Upheld affirmative action

Question 6

Methods and effectiveness of promoting equality.

2 on methods
2 on outcome

Answer 6

• Court cases, notably SC (Brown v Board of edu)
• By voting, candidates have to listen however of 23 maj minor black districts, 1 is black represented
• 2009 4.7% of AA males in prison, double other race
• ## 115th congress 8.3% hispanic compared to 16.7% population

Question 7

Affirmative action

Overview - Introduced by? What does it do/how? Popular?

Answer 7

• Introduced by Kennedy 1961 to reduce inequalities in employment
• Works to favour the disadvantaged, sometimes via quotas - Uni Cali v Bakke got denied after 17 of 100 spaces put aside for disadvantaged, claiming he would have got in.
• Has had impact but was not all popular - Clarence thomas disagrees with it despite having benefited from it

Question 8

Public opinion on AA +/-

Answer 8

• 2014 survey 63% support AA in Uni
• SC Cases upheld - Fisher v Texas 2 2016
• 2009 majority favoured AA, not preferential treatment
  But
• Same 2014 survey showed most GOP against, DEM for
• Grutter v Bollinger 2003 suggested in 25 years or less it wouldn’t be needed
• Schuette v Coalition to defend AA 2014 uphold michigan’s right to outlaw AA