Page 821
1789: UNITED STATES
CONSTITUTION GOES INTO EFFECT;
GEORGE WASHINGTON IS INAUGURATED FIRST PRESIDENT UNDER IT;
BILL OF RIGHTS IS WRITTEN BY JAMES MADISON
1865: CIVIL WAR ENDS; ABRAHAM LINCOLN IS ASSASSINATED;
THIRTEENTH AMENDMENT OUTLAWS SLAVERY AS
AN ECONOMIC
SYSTEM,
BUT JIM CROW LAWS REPLACE IT
1954: BROWN v. BOARD OF EDUCATION OF TOPEKA, KANSAS OVERTURNS
PLESSY v FERGUSON (1896) AND BEGINS THE CIVIL
RIGHTS MOVEMENT
A. In the Constitution as it was originally
written (p. 96, top three bulleted items)
1. Guarantee of the right to a writ of habeas
corpus (G 42)
2. Prohibition of ex post facto laws (G 42)
3. Prohibition of
bills of attainder (G 42)
Also know three
Constitutional provisions to protect slavery--see p. 837, bottom line
B. In the Bill of Rights (as incorporated
--made binding on states through
interpretation of
the
Fourteenth Amendment by the U.S. Supreme Court)
·
Pentagon Papers Case/New York Times v. U.S. (1971): censorship prohibited, (G 96t),
p. 102 [also know libel and slander, pp.
266, 371]—First Amendment
·
Mapp
v. Ohio (1961): the exclusionary
rule of evidence [also good faith
exception], pp.
97-98—Fourth Amendment (G 107)
·
Gideon
v. Wainwright (1963): right to be provided an attorney if unable to
pay, (G 105) p. 98F—Sixth Amendment
·
Miranda
v Arizona (1966): right of the accused to be informed of rights,
pp. 112-113F, #4 and
5—Fifth Amendment (G 105)
·
Roe
v. Wade (1973): right to choose abortion, pp. 99, 115,
265, 266,
280-281, 378F--Ninth
Amendment (G 109)
NOTE: THE
RIGHT TO A GRAND JURY INDICTMENT
HAS NOT BEEN INCORPORATED; IT IS
REQUIRED ONLY IN FEDERAL CRIMINAL CASES
C. In clauses of the Fourteenth Amendment
Brown v. Board of Education of Topeka, Kansas (1954): “separate cannot be
equal," pp.
98, 109, 246, center, 255
a. De jure segregation
b.
De facto segregation
Regents of the
University of California v. Bakke (1978) affirmative action,
pp.111-112
a. Prohibits quotas in most cases
b.
Upholds affirmative action in general
KEY IDEA: in the law, as in politics, a few dedicated
people with clear, useful, ideas may have an enormous impact. Examples:
Brown, Chicano voting
rights, creation of the Santa Monica Mountains State Park and National
Recreation Area (L. A. Times, 10-17-96, B5).
January 3, 2002