Test 2

Question 1

US v Miller. What did the supreme court rule?

Answer 1

Established 2nd amendment as a collective right rather than an individual right, congress can use commerce power.

Question 2

What are the two interpretations of the second amendment?

Answer 2

individual school or collective rights school

Question 3

Plessy v Fergiuson. what did the supreme court rule and what amendment was involved?

Answer 3

legalized segregation, separate but equal. 14th amendment was involved.

Question 4

Original intent

Answer 4

The theory of interpretation by which judges attempt to ascertain the meaning of a particular provision of a state or federal constitution by determining how the provision was understood at the time it was drafted and ratified.

Question 5

Strict Constructivist

Answer 5

a literal interpretation of a statute or document

Question 6

Loose constructivist

Answer 6

a broad interpretation of a statute or document

Question 7

US v Lopez what did the us supreme court rule and why?

Answer 7

gun free school zones are unconstitutional

Question 8

13. Principle of compensatory justice?

Answer 8

Compensate the group for past discrimination even if it means discriminating against whites to make up for the past.

Question 9

Commerce Clause

Answer 9

describes an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”

Question 10

Necessary and Proper Clause (elastic clause)

Answer 10

Often called the “elastic clause,” the necessary and proper clause simply states that Congress has the power, “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”

Question 11

Contracts Clause

Answer 11

this clause was added to the Constitution in order to prohibit states from interfering with private contracts. The clause states that, ‘No State shall…pass any…Law impairing the Obligation of Contracts

Question 12

Institutional Racism

Answer 12

private attitudes of people in the work place, invisible biased

Question 13

Brown v Topeka

Answer 13

Us supreme court charged with eradicating overt racism but not institutional racism

Question 14

18. What is preferential treatment?

Answer 14

The focus of the affirmative action debate. Everything has to be equal, but race cant be

Question 15

19. Reverse discrimination?

Answer 15

When all things are not equal and you give someone else a job or school the claim is that its reverse discrimination. Should be non relevant.

Question 16

20. Consequentialist approach?

Answer 16

Defends affirmitive action, reverse discrimination is ok in order to correct what happened in the past

Question 17

22. Barbara burgmann, 4 things that people assume about affirmative action that’s incorrect?

Answer 17

Racism is a thing of the past, civil rights movement resolved all racism, bell curve, genetic make up. Blacks fortunes are growing and whites are diminishing.

Question 18

24. Major debate about mass shootings

Answer 18

should congress control it or the states? Concept is federalism

Question 19

2 important parts about the commerce clause

Answer 19

interstate and intrastate

Question 20

Principle of compensatory justice?

Answer 20

Reverse discrimination

Question 21

Infinite regress approach?

Answer 21

Compensate one group then you discriminate another group

Question 22

What was the purpose of poll taxes and literacy tests?

Answer 22

Suppress the minority vote after the civil war

Question 23

minors v happersett

Answer 23

denied women the right to vote, not extending the right to vote along with citizenship via women.

Question 24

Efforts to reduce institutional racism?

Answer 24

affirmative action

Question 25

Guidelines the Court uses to be considered a suspect class?

Answer 25

Discrete and insular minority, purposeful discrimination inequality or racism, powerless

Question 26

Privelages and immunities clause

Answer 26

prevents a state from treating citizens of other states in a discriminatory manner.