Test 3 Flashcards
What is the difference between equity and equality?
Equity: has to do with the fairness of the distribution of resources
The poll tax, literacy tests and actions of groups like the kkk were all attempts to limit the effects of what?
Civil rights legislation, 14th 15th amendments
What was the problem with the equal treatment model?
any difference can be sighted and you can be discriminated against for that difference
What was the problem with rank based distribution?
It is unequal vertically
Womens military case, how did the supreme court rule?
Deemed unconstitutional because separate but equal. Violated 14th amendment equal protection clause.
- Johnson case chemical company required females to do what that males didn’t have to do? which treatment model did this concern?
Women had to get steralized. unequal treatment model
Sharron Frontiero, a lieutenant in the United States Air Force, sought a dependent’s allowance for her husband. Federal law provided that the wives of members of the military automatically became dependents; husbands of female members of the military, however, were not accepted as dependents unless they were dependent on their wives for over one-half of their support. Frontiero’s request for dependent status for her husband was turned down.
Question:
Did a federal law, requiring different qualification criteria for male and female military spousal dependency, unconstitutionally discriminate against women thereby violating the Fifth Amendment’s Due Process Clause?
Yes. The Court held that the statute in question clearly commanded “dissimilar treatment for men and women who are similarly situated,” violating the Due Process Clause. Applying a strict standard of review to the sex-based classification, the Court found that the government’s interest in administrative convenience could not justify discriminatory practices. The Court held that statutes that drew lines between the sexes on those grounds alone necessarily involved “the ‘very kind of arbitrary legislative choice forbidden by the Constitution.’”
In the equal treatment model all persons regarless of gender are treated exactly the same? T or F
True also in the equal treatment model there is no difference between males and females
United States Supreme Courts Definition of Equality?
US Supreme Court defines that “equals should be treated as equals and unequals should be treated unequally in proportion to their differences”
2 parts to the 4th amendment
1st part reasonableness clause and who and what is covered, 2nd part warrant clause and probable cause
US v Cats: wiretap on phone booth beginning of modern search law
Reasonableness of the search must exibit and actual level of privacy
Does every search require a warrant?
Does every search require individualized suspicion?
No, both are examples of special needs cases
Is drug testing a search?
Yes
what is Eminent Domain?
the right of a government or its agent to expropriate private property for public use, with payment of compensation
what is double jeapordy?
getting tried for the same crime twice. does not apply to civil cases.
