Term
| U.S. v. Wong Kim Ark: 169 U.S. 649, 18 S. Ct. 456 (1898) |
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Definition
The government could not deny citizenship to anyone born in the United States. To reach this conclusion, Justice Gray's tedious majority opinion managed to traverse much of western civilization. Delivered by Justice Grey)
Dissent by CJ Fuller- Nationality is not land born in, its descent |
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Term
| Ankeny v. Daniels: 916 N.E.2d 678 (Indiana Ct. App. 2009) |
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Definition
| Judge Brown: A senator can be on a ballot as a candidate, so long as when elected as president they resign their position. Also that any person born on American soil is automatically a citizen, or if they are born to an American parent anywhere else |
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Term
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| a method for determining the constitutionality of a statute that restricts the practice of a fundamental right or distinguishes between people due to a suspect classification. IE laws that are not intended to discriminate but b/c they do must prove that they are not, and that it is only in the interest of achieving a goal |
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Term
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| To pass strict scrutiny, the legislature must have passed the law to further a "compelling governmental interest," and must have narrowly tailored the law to achieve that interest. Doctrinally, the application of strict scrutiny is appropriate only where a law is facially discriminatory. |
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(1976)
CJ Pringle: States may prohibit resident aliens from basic gov processes like voting, regardless of the aliens' interest in the outcome |
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Term
| Kramer v. Union Free School District |
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Definition
(1969)
CJ Warren: Depriving Kramer and other would-be school election voters of the right to vote based on their lack of property ownership or parenthood, New York had violated the Equal Protection Clause.
Dissent: Justice Stewart- This was a special purposes election and did not discriminate against the appellants rights or discriminate based on any classification of the 14th amendment. |
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(1972) Justice Marshal- Tennessee law was an unconstitutional infringement upon the right to vote and the right to travel. Applying a strict equal protection test, the Court found that the law did not necessarily promote a compelling state interest.
Dissent: CJ Burger- It is no more a denial of equal protection for a State to require newcomers to be exposed to state and local problems for a reasonable period such as one year before voting, than it is to require children to wait 18 years before voting.” |
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(1974) Justice Rehnquist- Held that convicted felons could be barred from voting without violating the Fourteenth Amendment. "Treason or other crimes" Section II
Dissent: Justice Marshall- Voting is the most sacred franchise, regardless of 14th amendment language, states must provide compelling interest in disenfranchisement, which they do not do. |
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Term
| Crawford v. Marion County Election Board |
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Definition
(2008) Justice Stevens: evidence in the record does not support a facial attack and is in the state’s compelling interest to prevent voter fraud. Scalia adding that it is not an unduly burden.
Dissent:
Justice Souter: puts an unduly burden of travel and time of thousands of citizens, and state has made no compelling argument that voter fraud is rampant and these laws are needed |
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Definition
(2016)
Case: Texas voter ID laws very strict and targeting minorities
Opinion: Found that it was discriminatory |
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Term
| U. S. Term Limits, Inc. v. Thornton |
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Definition
(1995)Justice Stevens: The Constitution prohibits states from adopting congressional qualifiers.
Dissent: Justice Thomas: Constitution is quiet on this issue and says nothing about a state prescribing eligibility requirements. |
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Definition
(1937) Case: If states can require a poll tax (overturned)
Justice Butler: Constitution states no discrimination based on race, sex or creed, but specifies nothing about cost |
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Term
| Statutory Vs. Constitutional |
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Definition
| Statutory Laws are laws that have been written down and codified by the legislative branch of a country. ... Constitutional Law is the body of law that defines the relationship between different entities within a nation, most commonly the judiciary, the executive and the legislature bodies. |
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Definition
| US vs Wong Kim Ark & Ankeny v. Daniels, Natural born is born either to American parents or born on US soil |
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Term
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Definition
Kramer V. Union School District- even if no children still part of community of interest
Skafte V. Rorex- Non-citizens not part of political community therefore do not have to extend right to vote |
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Term
| knowledgeable and/or caring electorate |
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Definition
| Dunn v. Blumstein- Can someone who has not resided long enough be a caring member of the community |
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Term
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Definition
| The challenged law must be rationally related to a legitimate government interest. Rational basis is the most lenient form of judicial review generally used when in cases where no fundamental rights or suspect classifications are at issue. |
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Term
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Definition
| the challenged law must: further an important government interest, and must do so by means that are substantially related to that interest |
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