<

Liberty, Equality, and Due Process

Table of contents
Chapter One. AN INTRODUCTION TO CONSTITUTIONAL LAW AND THE ISSUE OF STATE ACTION
1.1 - Introduction
1.2 - Constitutional Provisions
1.2.1 - Fourteenth Amendment
1.2.2 - First Amendment
1.2.3 - Fifth Amendment
1.2.4 - Thirteenth Amendment
1.3 - The “Civil Rights Cases”
1.4 - Toward a Doctrine of State Action
1.4.1 - Marsh v. Alabama
1.4.2 - Shelley v. Kraemer
1.4.3 - Notes
1.5 - State Action in the Civil Rights Era
1.5.1 - Burton v. Wilmington Parking Authority
1.5.2 - Moose Lodge v. Irvis
1.5.3 - Notes
1.6 - A Synthesis of State Action
1.6.1 - Note: Batson
1.6.2 - Edmonson v. Leesville Concrete Company, Inc.
1.6.3 - Notes
1.7 - Reconsidering the Civil Rights Cases
1.7.1 - The Civil Rights Cases
Chapter Two. INTRODUCTION TO CONSTITUTIONAL INTERPRETATION AND JUDICIAL REVIEW
2.1 - A Basic Constitutional Timeline
2.2 - Judicial Review
2.2.1 - Marbury v. Madison
2.2.2 - Notes
2.3 - Constitutional Interpretation
2.3.1 - Originalist Theories
2.3.2 - Pragmatic Theories
2.3.3 - Evolutive Theories
2.3.4 - Notes
Chapter Three. SLAVERY AND RACIAL EQUALITY
3.1 - Constitutional Equality Before the Reconstruction Amendments
3.2 - Litigating Slavery and Equality Before the Reconstruction Amendments
3.2.1 - Prigg v. Pennsylvania
3.2.2 - Scott v. Sandford
3.2.3 - Notes
3.3 - Early Cases Applying the Reconstruction Amendments
3.3.1 - Strauder v. West Virginia
3.3.2 - Notes
3.3.3 - Plessy v. Ferguson
3.3.4 - Notes
Chapter Four. RACE AND EQUAL PROTECTION
4.1 - Toward Strict Scrutiny
4.1.1 - Carolene Products, Footnote Four
4.1.2 - The Japanese Internment Cases
4.2 - Dismantling Plessy in Education
4.2.1 - State of Missouri ex rel. Gaines v. Canada
4.2.2 - Sweatt v. Painter
4.2.3 - Brown v. Board of Education of Topeka
4.2.4 - Bolling v. Sharpe
4.2.5 - Brown v. Board of Education of Topeka (Brown II)
4.2.6 - Notes
4.2.7 - Cooper v. Aaron
4.2.8 - Note: Limiting Brown
4.3 - Evaluating Racial Classifications
4.3.1 - Note: Strict Scrutiny
4.3.2 - Loving v. Virginia
4.3.3 - Notes
4.4 - Neutral Classifications?
4.4.1 - Yick Wo v. Hopkins
4.4.2 - Washington v. Davis
4.4.3 - Arlington Heights v. Metropolitan Housing Dev. Corp.
4.4.4 - Notes
4.5 - Affirmative Action
4.5.1 - The Standard of Scrutiny
4.5.2 - Diversity and Education
4.5.3 - “Affirmative Action” and the Political Process
Chapter Five. NONRACIAL CLASSIFICATIONS AND EQUAL PROTECTION
5.1 - Rational Basis Standard as Default
5.2 - Sex/Gender Classifications
5.2.1 - Early Cases
5.2.2 - Developing Intermediate Scrutiny
5.2.3 - Sex/Gender and “Difference”
5.3 - Other Classifications
5.3.1 - Illegitimacy, Age, and Language
5.3.2 - Classifications Based on Animus
Chapter Six. FUNDAMENTAL RIGHTS AND EQUAL PROTECTION
6.1 - Education
6.1.1 - San Antonio Independent School District v. Rodriguez
6.1.2 - Plyler v. Doe
6.1.3 - Notes
6.2 - Voting
6.2.1 - Reynolds v. Sims
6.2.2 - Harper v. Virginia Board of Elections
6.2.3 - Bush v. Gore
6.2.4 - Richardson v. Ramirez
6.2.5 - Notes
6.3 - Travel
6.3.1 - Attorney Gen. of New York v. Soto-Lopez
Chapter Seven. THE PRIVILEGES OR IMMUNITIES CLAUSE
7.1 - Saenz v. Roe
7.2 - Notes
7.3 - The Slaughter-House Cases
Chapter Eight. INCORPORATION AND FUNDAMENTAL RIGHTS
8.1 - McDonald v. City of Chicago
8.2 - Notes
Chapter Nine. THE SECOND AMENDMENT
9.1 - District of Columbia v. Heller
9.2 - Caetano v. Massachusetts
9.3 - New York State Rifle and Pistol Ass'n v. Cuomo
9.4 - Notes
Chapter Ten. UNENUMERATED RIGHTS AND DUE PROCESS
10.1 - Lochner v. New York
10.2 - Meyer v. Nebraska
10.3 - Pierce v. Society of Sisters
10.4 - Notes
10.5 - Griswold v. Connecticut
10.6 - Roe v. Wade
10.7 - Washington v. Glucksberg
10.8 - Note: Bowers v. Hardwick
10.9 - Lawrence v. Texas
10.10 - Notes
10.11 - Note: Casey
10.12 - Note: Minors and Abortion
10.13 - Whole Woman’s Health v. Hellerstedt
Chapter Eleven. LIBERTY, DUE PROCESS, AND EQUAL PROTECTION
11.1 - Equal Protection and “Privacy”
11.1.1 - Skinner v. State of Oklahoma, ex. rel. Williamson
11.1.2 - Eisenstadt v. Baird
11.1.3 - Notes
11.2 - Same-Sex Marriage
11.2.1 - United States v. Windsor
11.2.2 - Obergefell v. Hodges
11.2.3 - Notes
Chapter Twelve. STATE CONSTITUTIONS
12.1 - General Principles
12.2 - Examples
12.2.1 - Education
12.2.2 - Disability
12.2.3 - “Sodomy”
12.2.4 - Minors and Abortions
12.2.5 - Same-Sex Marriage
12.2.6 - Notes
Liberty, Equality, and Due Process
1st Edition
Ruthann Robson
© 2018 CALI eLangdell Press, www.cali.org. Subject to an Attribution-NonCommercial-ShareAlike CC BY-NC-SA
Table Of Contents
  • Introduction - Liberty, Equality, and Due Process: Cases, Controversies, and Contexts in Constitutional Law
  • Chapter One - AN INTRODUCTION TO CONSTITUTIONAL LAW AND THE ISSUE OF STATE ACTION
    • 1.1 - Introduction
    • 1.2 - Constitutional Provisions
      • 1.2.1 - Fourteenth Amendment
      • 1.2.2 - First Amendment
      • 1.2.3 - Fifth Amendment
      • 1.2.4 - Thirteenth Amendment
    • 1.3 - The “Civil Rights Cases”
    • 1.4 - Toward a Doctrine of State Action
      • 1.4.1 - Marsh v. Alabama
      • 1.4.2 - Shelley v. Kraemer
      • 1.4.3 - Notes
    • 1.5 - State Action in the Civil Rights Era
      • 1.5.1 - Burton v. Wilmington Parking Authority
      • 1.5.2 - Moose Lodge v. Irvis
      • 1.5.3 - Notes
    • 1.6 - A Synthesis of State Action
      • 1.6.1 - Note: Batson
      • 1.6.2 - Edmonson v. Leesville Concrete Company, Inc.
      • 1.6.3 - Notes
    • 1.7 - Reconsidering the Civil Rights Cases
      • 1.7.1 - The Civil Rights Cases
  • Chapter Two - INTRODUCTION TO CONSTITUTIONAL INTERPRETATION AND JUDICIAL REVIEW
    • 2.1 - A Basic Constitutional Timeline
    • 2.2 - Judicial Review
      • 2.2.1 - Marbury v. Madison
      • 2.2.2 - Notes
    • 2.3 - Constitutional Interpretation
      • 2.3.1 - Originalist Theories
      • 2.3.2 - Pragmatic Theories
      • 2.3.3 - Evolutive Theories
      • 2.3.4 - Notes
  • Chapter Three - SLAVERY AND RACIAL EQUALITY
    • 3.1 - Constitutional Equality Before the Reconstruction Amendments
    • 3.2 - Litigating Slavery and Equality Before the Reconstruction Amendments
      • 3.2.1 - Prigg v. Pennsylvania
      • 3.2.2 - Scott v. Sandford
      • 3.2.3 - Notes
    • 3.3 - Early Cases Applying the Reconstruction Amendments
      • 3.3.1 - Strauder v. West Virginia
      • 3.3.2 - Notes
      • 3.3.3 - Plessy v. Ferguson
      • 3.3.4 - Notes
  • Chapter Four - RACE AND EQUAL PROTECTION
    • 4.1 - Toward Strict Scrutiny
      • 4.1.1 - Carolene Products, Footnote Four
      • 4.1.2 - The Japanese Internment Cases
    • 4.2 - Dismantling Plessy in Education
      • 4.2.1 - State of Missouri ex rel. Gaines v. Canada
      • 4.2.2 - Sweatt v. Painter
      • 4.2.3 - Brown v. Board of Education of Topeka
      • 4.2.4 - Bolling v. Sharpe
      • 4.2.5 - Brown v. Board of Education of Topeka (Brown II)
      • 4.2.6 - Notes
      • 4.2.7 - Cooper v. Aaron
      • 4.2.8 - Note: Limiting Brown
    • 4.3 - Evaluating Racial Classifications
      • 4.3.1 - Note: Strict Scrutiny
      • 4.3.2 - Loving v. Virginia
      • 4.3.3 - Notes
    • 4.4 - Neutral Classifications?
      • 4.4.1 - Yick Wo v. Hopkins
      • 4.4.2 - Washington v. Davis
      • 4.4.3 - Arlington Heights v. Metropolitan Housing Dev. Corp.
      • 4.4.4 - Notes
    • 4.5 - Affirmative Action
      • 4.5.1 - The Standard of Scrutiny
      • 4.5.2 - Diversity and Education
      • 4.5.3 - “Affirmative Action” and the Political Process
  • Chapter Five - NONRACIAL CLASSIFICATIONS AND EQUAL PROTECTION
    • 5.1 - Rational Basis Standard as Default
    • 5.2 - Sex/Gender Classifications
      • 5.2.1 - Early Cases
      • 5.2.2 - Developing Intermediate Scrutiny
      • 5.2.3 - Sex/Gender and “Difference”
    • 5.3 - Other Classifications
      • 5.3.1 - Illegitimacy, Age, and Language
      • 5.3.2 - Classifications Based on Animus
  • Chapter Six - FUNDAMENTAL RIGHTS AND EQUAL PROTECTION
    • 6.1 - Education
      • 6.1.1 - San Antonio Independent School District v. Rodriguez
      • 6.1.2 - Plyler v. Doe
      • 6.1.3 - Notes
    • 6.2 - Voting
      • 6.2.1 - Reynolds v. Sims
      • 6.2.2 - Harper v. Virginia Board of Elections
      • 6.2.3 - Bush v. Gore
      • 6.2.4 - Richardson v. Ramirez
      • 6.2.5 - Notes
    • 6.3 - Travel
      • 6.3.1 - Attorney Gen. of New York v. Soto-Lopez
  • Chapter Seven - THE PRIVILEGES OR IMMUNITIES CLAUSE
    • 7.1 - Saenz v. Roe
    • 7.2 - Notes
    • 7.3 - The Slaughter-House Cases
  • Chapter Eight - INCORPORATION AND FUNDAMENTAL RIGHTS
    • 8.1 - McDonald v. City of Chicago
    • 8.2 - Notes
  • Chapter Nine - THE SECOND AMENDMENT
    • 9.1 - District of Columbia v. Heller
    • 9.2 - Caetano v. Massachusetts
    • 9.3 - New York State Rifle and Pistol Ass'n v. Cuomo
    • 9.4 - Notes
  • Chapter Ten - UNENUMERATED RIGHTS AND DUE PROCESS
    • 10.1 - Lochner v. New York
    • 10.2 - Meyer v. Nebraska
    • 10.3 - Pierce v. Society of Sisters
    • 10.4 - Notes
    • 10.5 - Griswold v. Connecticut
    • 10.6 - Roe v. Wade
    • 10.7 - Washington v. Glucksberg
    • 10.8 - Note: Bowers v. Hardwick
    • 10.9 - Lawrence v. Texas
    • 10.10 - Notes
    • 10.11 - Note: Casey
    • 10.12 - Note: Minors and Abortion
    • 10.13 - Whole Woman’s Health v. Hellerstedt
  • Chapter Eleven - LIBERTY, DUE PROCESS, AND EQUAL PROTECTION
    • 11.1 - Equal Protection and “Privacy”
      • 11.1.1 - Skinner v. State of Oklahoma, ex. rel. Williamson
      • 11.1.2 - Eisenstadt v. Baird
      • 11.1.3 - Notes
    • 11.2 - Same-Sex Marriage
      • 11.2.1 - United States v. Windsor
      • 11.2.2 - Obergefell v. Hodges
      • 11.2.3 - Notes
  • Chapter Twelve - STATE CONSTITUTIONS
    • 12.1 - General Principles
    • 12.2 - Examples
      • 12.2.1 - Education
      • 12.2.2 - Disability
      • 12.2.3 - “Sodomy”
      • 12.2.4 - Minors and Abortions
      • 12.2.5 - Same-Sex Marriage
      • 12.2.6 - Notes
Introduction
Liberty, Equality, and Due Process: Cases, Controversies, and Contexts in Constitutional Law

Ruthann Robson Professor of Law & University Distinguished Professor

 

City University of New York (CUNY) School of Law

 

CALI eLangdell Press 2018 First Edition

 

Introduction.1. About the Author

Ruthann Robson is Professor of Law and University Distinguished Professor at the City University of New York (CUNY) School of Law.

She is the author of First Amendment: Cases, Controversies, and Contexts (eLangdell).

Her other books include DRESSING CONSTITUTIONALLY: HIERARCHY, SEXUALITY, AND DEMOCRACY (2013); SAPPHO GOES TO LAW SCHOOL (1998); GAY MEN, LESBIANS, AND THE LAW (1996); and LESBIAN (OUT)LAW: SURVIVAL UNDER THE RULE OF LAW (1992). She is also the editor of the three volume set, INTERNATIONAL LIBRARY OF ESSAYS IN SEXUALITY & LAW (2011).

She is one of two editors of the Constitutional Law Professors Blog and a frequent commentator on constitutional and sexuality issues.

She is one of the 26 professors selected for inclusion in WHAT THE BEST LAW TEACHERS DO (Harvard University Press, 2013).

Introduction.2. Notices

This is the first edition of this Casebook, updated January 2018.

Visit http://elangdell.cali.org/ for the latest version and for revision history.

This work by Ruthann Robson is licensed and published by CALI eLangdell Press under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0).

CALI and CALI eLangdell Press reserve under copyright all rights not expressly granted by this Creative Commons license. CALI and CALI eLangdell Press do not assert copyright in US Government works or other public domain material included herein. Permissions beyond the scope of this license may be available through feedback@cali.org.

In brief, the terms of that license are that you may copy, distribute, and display this work, or make derivative works, so long as

  • you give CALI eLangdell Press and the author credit;
  • you do not use this work for commercial purposes; and
  • you distribute any works derived from this one under the same licensing terms as this.

Suggested attribution format for original work:

Ruthann Robson, Liberty, Equality, and Due Process: Cases, Controversies, and Contexts in Constitutional Law. Published by CALI eLangdell Press. Available under a Creative Commons BY-NC-SA 4.0 License.

CALI® and eLangdell® are United States federally registered trademarks owned by the Center for Computer-Assisted Legal Instruction. The cover art design is a copyrighted work of CALI, all rights reserved. The CALI graphical logo is a trademark and may not be used without permission.
Should you create derivative works based on the text of this book or other Creative Commons materials therein, you may use this book’s cover art and the aforementioned logos, as long as your use does not imply endorsement by CALI. For all other uses beyond the scope of this license, please request written permission from CALI.

This material does not contain nor is intended to be legal advice. Users seeking legal advice should consult with a licensed attorney in their jurisdiction. The editors have endeavored to provide complete and accurate information in this book. However, CALI does not warrant that the information provided is complete and accurate. CALI disclaims all liability to any person for any loss caused by errors or omissions in this collection of information.

Introduction.3. About CALI eLangdell Press

The Center for Computer-Assisted Legal Instruction (CALI®) is: a nonprofit organization with over 200 member US law schools, an innovative force pushing legal education toward change for the better. There are benefits to CALI membership for your school, firm, or organization. ELangdell® is our electronic press with a mission to publish more open books for legal education.

How do we define "open?"

  • Compatibility with devices like smartphones, tablets, and e-readers; as well as print. 
  • The right for educators to remix the materials through more lenient copyright policies. 
  • The ability for educators and students to adopt the materials for free. Find available and upcoming eLangdell titles at elangdell.cali.org. Show support for CALI by following us on Facebook and Twitter, and by telling your friends and colleagues where you received your free book.
Introduction.4. Preface

This Casebook is intended as a Casebook for a course in Constitutional rights, focused on the guarantees of liberty, equal protection, and due process in the United States Constitution.

It stresses the doctrinal developments but also explores the theoretical and historical contours focusing on the Fourteenth Amendment to the United States Constitution. The Casebook presents basic concepts of constitutional adjudication and federalism, stresses equal protection doctrine and substantive due process, and introduces other constitutional liberties including the Second Amendment.

The Notes accompanying the cases emphasize skill development in constitutional analysis.

Notes on typography

Court opinions often have typographical marks such as ellipses, brackets, and parenthesis. Some more recent Court opinions also have a series of floating asterisk before the concluding paragraph or paragraphs.

Court opinions also generally have extensive citations. Many of these are included in the edited versions in this Casebook. However, complete citations are often omitted and references omitted or condensed without editorial indications.

Editorial marks in court opinions are as follows:

Omissions from text are indicated by a series of four asterisks: * * * *

Additions to text are enclosed by curly brackets: {  }

Purchase this material to get access to the full version

Add to cart

Showing only first chapter for book preview.