Question 1

In Santa Clara County v. Southern Pacific Railroad Co. (1886), the Supreme Court held that the word "person" in the Equal Protection Clause of the Fourteenth Amendment included _______________.

Accepted Answer

The Supreme Court held that the word "person" in the Equal Protection Clause of the Fourteenth Amendment included corporations. This decision has been heavily criticized and controversial.

Question 2

Can separate athletic programs for men and women in state colleges and universities be justified under the Equal Protection Clause?

Accepted Answer

The Equal Protection Clause is part of the Fourteenth Amendment to the United States Constitution, which provides that no state shall "deny to any person within its jurisdiction the equal protection of the laws." This clause has been interpreted to mean that states must not treat people differently under the law without sufficient justification.

Separate athletic programs for men and women in state colleges and universities can be justified under the Equal Protection Clause if they meet certain criteria. The U.S. Supreme Court has developed a framework for analyzing whether gender classifications in law are permissible. This framework, known as intermediate scrutiny, requires that the gender classification must serve an important governmental objective and must be substantially related to the achievement of those objectives.

In the context of athletics, the important governmental objectives often cited are to accommodate the differences between men and women in athletic performance and opportunities, and to promote equal opportunities for both sexes in athletics. Title IX of the Education Amendments of 1972 is a federal law that plays a significant role in this area by prohibiting sex-based discrimination in any school or other education program that receives federal money. Title IX has been interpreted to require that educational institutions provide equal athletic opportunities to both sexes.

Under Title IX, separate athletic programs are permissible if they are equally effective in providing athletic opportunities. This means that the programs do not necessarily have to be identical, but they must provide equal opportunities for men and women to participate in sports, receive athletic scholarships, and benefit from comparable quality of equipment, coaching, facilities, and publicity.

The justification for separate programs is that men and women have different physical capabilities on average, and that separate teams allow for more meaningful competition within each sex. Additionally, separate programs can help ensure that women have access to athletic opportunities that might be more limited if they had to compete directly against men in all sports.

However, the mere existence of separate programs is not enough to satisfy the Equal Protection Clause. The programs must be equitable in terms of resources, funding, and support. If a disparity exists that disadvantages one sex, it could be challenged as a violation of the Equal Protection Clause and Title IX.

In conclusion, separate athletic programs for men and women in state colleges and universities can be justified under the Equal Protection Clause if they provide equal opportunities and benefits to both sexes and are part of an effort to accommodate legitimate differences while promoting equality in athletics. The programs must be carefully structured to ensure that they do not perpetuate gender-based discrimination and that they comply with the requirements of Title IX.

Question 3

If challenged in a court of law, a state law that requires a person to possess a license to practice psychological counseling would be subject to ________.

Accepted Answer

A state law requiring a license to practice psychological counseling is subject to the rational basis test. This is because there is no suspect classification involved and the government has a legitimate interest in regulating professions to protect public health and safety, which is considered a rational basis.

Question 4

Under the "New Equal Protection," the courts have used the Equal Protection Clause to scrutinize closely any law or practice that discriminates among groups in their enjoyment of ________________.

Accepted Answer

The New Equal Protection doctrine reflects a stricter standard of review, requiring laws that discriminate among groups in their enjoyment of fundamental rights to be closely scrutinized. This standard applies to any law or practice that discriminates based on factors such as race, gender, or nationality. Therefore, the best choice would be A, as it reflects the core principle of the New Equal Protection doctrine.

Question 5

As a result of the increasingly pervasive role of government in American society, some observers have advocated that the Supreme Court abandon its long-standing distinction between "state" and "private" action. Do you agree with this proposal?

Accepted Answer

The answer of As a result of the increasingly pervasive...

Question 6

Can the Supreme Court's holding in Parents Involved in Community Schools v. Seattle School District No. 1 (2007) be reconciled with Grutter v. Bolinger (2003)? Are the cases distinguishable?

Accepted Answer

The answer of Can the Supreme Court's holding in Parents...

Question 7

In most situations equal protection classifications based on wealth are subject to analysis under a "rational basis" standard of review. Under what circumstances would a classification based on wealth be subject to review under a higher standard?

Accepted Answer

The answer of In most situations equal protection classifications based...

Question 8

How can one justify progressive, or regressive, taxation in light of the Equal Protection Clause?

Accepted Answer

The answer of How can one justify progressive, or regressive,...

Question 9

What factors have contributed most significantly to the gradual disengagement of federal courts from the nation-wide effort to desegregate the public schools?

Accepted Answer

The answer of What factors have contributed most significantly to...

Question 10

Since the Fourteenth Amendment Equal Protection Clause applies only to the states, how does the Supreme Court justify its invalidation of equal protection violations by the federal government?

Accepted Answer

The answer of Since the Fourteenth Amendment Equal Protection Clause...

Question 11

In adopting the Civil Rights Act of _____, Congress made attempted to eradicate racial discrimination in "places of public accommodation," including hotels, taverns, restaurants, theaters and "public conveyances."

Accepted Answer

The Civil Rights Act aimed to eradicate racial discrimination in "places of public accommodation," including hotels, taverns, restaurants, theaters, and "public conveyances." The Act was adopted in 1875.

Question 12

Summarize the justifications for and against race-based differentiation of admission standards for (a) undergraduate students; (b) law students.

Accepted Answer

The answer of Summarize the justifications for and against race-based...

Question 13

In the modern era the Equal Protection Clause has been invoked successfully to challenge discrimination against racial and ethnic minorities, as well as discrimination against ________.

Accepted Answer

The Equal Protection Clause has been invoked successfully to challenge discrimination against mentally retarded persons, illegitimate children, as well as discrimination against the children of illegal aliens, along with discrimination against racial and ethnic minorities.

Question 14

In the wake of the Civil War, many of the Southern states had adopted the so-called __________, which denied basic economic rights to former slaves.

Accepted Answer

The Black Codes were a set of laws passed by Southern states after the Civil War that restricted the rights and freedoms of newly freed slaves. They were intended to maintain racial subordination and ensure a stable workforce for the Southern economy, and included prohibitions on the right to vote, own property, and own firearms. The Jim Crow Laws and Grandfather Clauses were also tools used to enforce segregation and discrimination in the South, but they were implemented later in the late 19th and early 20th centuries.

Question 15

Which of the following cases is an example of the Equal Protection Clause being employed as a basis for invalidating discriminatory business regulation?

Accepted Answer

Yick Wo v. Hopkins (1886) is an example of the Equal Protection Clause being employed as a basis for invalidating discriminatory business regulation. In this case, a laundry business owned by a Chinese immigrant was denied a license to operate by the city of San Francisco, despite meeting all of the necessary qualifications. The owner sued, arguing that the law was being enforced in a discriminatory manner, and the Supreme Court agreed, finding that the city was violating the Equal Protection Clause of the 14th Amendment.

Question 16

The suspect classification doctrine originated in ____________.

Accepted Answer

The suspect classification doctrine, which requires courts to apply the strictest scrutiny to laws that classify people based on race, originated in Korematsu v. United States (1944), a case that upheld the internment of Japanese Americans during World War II.

Question 17

Can the Supreme Court's decision in Brown v. Board of Education be squared with an interpretivist approach to constitutional interpretation?

Accepted Answer

The answer of Can the Supreme Court's decision in Brown...

Question 18

Can the U.S. Supreme Court justify a more demanding standard for adjudging racial discrimination than the standard it applies to gender discrimination? What about age discrimination? Discrimination based on disability?

Accepted Answer

The answer of Can the U.S. Supreme Court justify a...

Question 19

Are state laws limiting marriage to heterosexual couples consistent with the 14th Amendment's requirement that states provide "equal protection of the laws" to persons within their jurisdiction?

Accepted Answer

The answer of Are state laws limiting marriage to heterosexual...

Question 20

Shortly before the Fourteenth Amendment was ratified, Congress passed the Civil Rights Act of 1866 which, among other things, protected the right of African-Americans to _______.

Accepted Answer

The Civil Rights Act of 1866 was primarily focused on establishing the rights of African-Americans to inherit, own, and convey property. It was a significant step towards ensuring legal rights for African-Americans, but it did not address voting rights or access to public accommodations, which were issues tackled by later legislation.

Quiz 7: Equal Protection and the Antidiscrimination Principle

In Santa Clara County v. Southern Pacific Railroad Co. (1886) , the Supreme Court held that the word "person" in the Equal Protection Clause of the Fourteenth Amendment included _______________.