Plyler v. Doe
Brief

Citation457 U.S. 202, 102 S. Ct. 2382, 72 L. Ed. 2d 786, 1982 U.S. 124. Brief Fact Summary. Pursuant to a Texas law, a local school district conditioned the enrollment in its schools of the children of illegal aliens on their payment of a “tuition fee.” The constitutionality of the statute was brought into question. Synopsis of Rule of Law. The denial of the free public education to the children of undocumented aliens within a state’s borders must be justified by a showing that such denial substantially furthers a substantial state interest. ...

Plyler v. Doe
Brief

Citation22 Ill. 458 U.S. 1131, 103 S. Ct. 14, 73 L. Ed. 2d 1401 (1982) Brief Fact Summary. In 1975 the Texas legislature passed a law withholding funds for the education of children of illegal aliens. This law also authorized local school districts to deny entry in the public schools of the state to these children. Synopsis of Rule of Law. In order for a state to constitutionally deny a discrete group of individuals the rights it offers to others, this denial must be justified by showing a legitimate state interest. ...

Plyler v. Doe
Brief

Citation457 U.S. 202, 102 S. Ct. 2382, 72 L. Ed. 2d 786, 1982 U.S. Brief Fact Summary. Texas denied the children of illegal immigrants free public education. Legal representatives of such children brought suit, alleging Texas’s statute violated the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution (Constitution). Synopsis of Rule of Law. The State may not deny free public education to the children of undocumented immigrants. ...

TABLE OF CASES
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TABLE OF CASES Principal discussion of a case is indicated by page numbers in italics. Abate v. Mundt Abington School District v. Schempp Abood v. Detroit Board of Education Abrams v. U.S. ACLU v. Reno Adarand Constructors, Inc. v. Pena Adkins v. Children’s Hospital  Agency for Int’l Dev. v. Alliance for Open Soc’y Int’l, Inc.  Agins v. Tiburon  Agostini v. Felton  Akron v. Akron Center For Reproductive Health  Alaska Hire case  Alden v. Maine  Allegheny County v. American Civil Liberties Union Allen v. Wright  Allgeyer v. Louisiana  Allied Structural Steel Co. v. Spannaus  ...

EQUAL PROTECTION
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Chapter 10 EQUAL PROTECTION The Equal Protection Clause is part of the Fourteenth Amendment. It provides that “no state shall make or enforce any law which shall … deny to any person within its jurisdiction equal protection of the laws.” Here are the key concepts concerning equal protection:     Classifications: The Clause imposes a general restraint on the governmental use of classifications, not just classifications based on race but also those based on sex, alienage, illegitimacy, wealth, or any other characteristic.     Federal government: The direct text of the Cl ...

CAPSULE SUMMARY
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Chapter 1 INTRODUCTION I. THREE STANDARDS OF REVIEW A. Three standards: There are three key standards of review which reappear constantly throughout Constitutional Law. When a court reviews the constitutionality of government action, it is likely to be choosing from among one of these three standards of review: (1) the mere-rationality standard; (2) the strict scrutiny standard; and (3) the middle-level review standard. [2] 1. Mere-rationality standard: Of the three standards, the easiest one to satisfy is the “mere-rationality” standard. When the court applies this “mere- ...

TABLE OF CASES
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Abood v. Detroit Bd. of Ed., 159 Adarand Constructors, Inc. v. Pena, 102, 220, 306 Agency for Int’l Dev. v. Alliance for Open Soc’y Int’l, Inc., 162–163, 245, 322 Agostini v. Felton, 171 Alaska Hire case, 75 Alden v. Maine, 185 Alvarez, U.S. v., 151, 240 Ambach v. Norwick, 110, 308 Anderson v. Martin, 99 Ashcroft v. ACLU, 241, 318 Assoc. Press v. Walker, 149   Baker v. Carr, 187 Baldwin v. Montana Fish & Game Comm’n., 345 Ball v. James, 115, 309 Ballard, U.S. v., 175 Barnes v. Glen Theatre, Inc., 319 Bartnicki v. Vopper, 165 Bates v. State Bar of Ariz., 154 Bd. of Ed. v. All ...

ANSWERS TO SHORT-ANSWER QUESTIONS
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ANSWERS TO SHORT-ANSWER QUESTIONS 1.  No, because the case does not involve a federal question. The federal judicial power extends, by Article III, Section 2, to cases arising under the U.S. Constitution and federal laws. That power does not extend to cases decided solely on state-law grounds. Here, although the Ames due process clause may have mirrored the language of the U.S. Constitution’s Due Process Clause, the state decision was solely based on the Ames courts’ interpretation of the Ames constitution. Since no federal issue was involved, the Supreme Court has no jurisdiction (whethe ...

Judicial Review
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CHAPTER 1 Judicial Review INTRODUCTION AND OVERVIEW In the constitutional law course, we study the United States Constitution as it has been interpreted and explained by the federal courts for more than 200 years. The Constitution itself is an amazingly short document. Stripped of its amendments, the Constitution occupies fewer than a dozen pages in your casebook. Even with its amendments, the document is barely 20 pages long. Yet while the Constitution itself is extremely brief, the interpretation of it can be exceedingly complex. The bulk of your constitutional law textbook consists of cases ...

Table of Cases
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Table of Cases Abbott Laboratories v. Gardner,387 U.S. 136 (1967) Adamson v. California,332 U.S. 46 (1947) Aetna Life Ins. Co. v. Haworth,300 U.S. 227 (1937) Air Courier Conference of America v. American Postal Workers Union,498 U.S. 517 (1991) Alabama v. Pugh,438 U.S. 781 (1978) Alden v. Maine,527 U.S. 706 (1999) Allen v. McCurry,449 U.S. 90 (1980) Allen v. Wright,468 U.S. 737 (1984) Altria Group, Inc. v. Good,555 U.S. 70 (2008) Alvarez v. Smith,130 S. Ct. 576 (2009) Amerada Hess Corporation v. Director, Division of Taxation,490 U.S. 66 (1989) American Insurance Association v. Garamendi,539 U ...

Equal Protection: Fundamental Rights
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CHAPTER 7 Equal Protection: Fundamental Rights §7.1 INTRODUCTION AND OVERVIEW In the previous chapter, we examined application of the Equal Protection Clause in situations that call for mere rational basis review and in situations where the basis of classification was “suspect,” “quasi-suspect,” or otherwise such as to call for some form of heightened scrutiny. We turn now to an examination of the Equal Protection Clause in settings where the basis of the classification is unproblematic, but where the law discriminates in such a way as to impinge on a fundamental constitutional right. ...

Equal Protection: Ordinary, “Suspect,” and “Quasi-Suspect” Classifications
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CHAPTER 6 Equal Protection: Ordinary, “Suspect,” and “Quasi-Suspect” Classifications §6.1 INTRODUCTION AND OVERVIEW The Constitution prohibits the state and federal governments from denying people the equal protection of the laws. Section 1 of the Fourteenth Amendment provides: “No State shall … deny to any person within its jurisdiction the equal protection of the laws.” Though nothing in the Constitution’s text imposes a similar restriction on the federal government, the Court has construed the Fifth Amendment Due Process Clause as “contain[ing] an equal protection ...

Table of Cases
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Table of Cases Abington School Dist. v. Schemp, 374 U.S. 203 (1963) Abood v. Detroit Board of Educ., 431 U.S. 209 (1977) Abrams v. Johnson, 521 U.S. 74 (1997) Abrams v. United States, 250 U.S. 616 (1919) Adamson v. California, 332 U.S. 46 (1947) Adarand Constructors, Inc. v. Pena, 515 U.S. 200 (1995) Adickes v. Kress & Co., 398 U.S. 144 (1970) Adkins v. Children’s Hosp., 261 U.S. 525 (1923) Agins v. City of Tiburon, 477 U.S. 255 (1980) Agostini v. Felton, 521 U.S. 203 (1997) Aguilar v. Felton, 473 U.S. 402 (1985) Allegheny Pittsburgh Coal Co. v. Webster County, 488 U.S. 336 (1989) Al ...

Contents
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Contents Preface Acknowledgments Chapter 1 Introduction to Individual Rights §1.1 Introduction and Overview §1.2 The Fourteenth Amendment: An Introductory Overview The Text of Section 1 of the Fourteenth Amendment A Brief Historical Survey Early Judicial Trends in Construing the Fourteenth Amendment §1.3 The Incorporation Doctrine §1.4 The State Action Doctrine §1.4.1 The Categorical Approach Private Performance of a Public Function The Judicial Enforcement of Private Agreements ...

CAPSULE SUMMARY
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CAPSULE SUMMARY Chapter 1 INTRODUCTION I. THREE STANDARDS OF REVIEW A. Three standards:  There are three key standards of review which reappear constantly throughout Constitutional Law. When a court reviews the constitutionality of government action, it is likely to be choosing from among one of these three standards of review: (1) the mere-rationality standard; (2) the strict scrutiny standard; and (3) the middle-level review standard. 1. Mere-rationality:  Of the three standards, the easiest one to satisfy is the “mere-rationality” standard. When the court applies this “mere-ratio ...

Case Overviews
Outline

Railway Express Agency v. New York (S.Ct. 1949) Facts: New York City prohibited advertising on business delivery vehicles unless the advertisement was for the owner’s business. P sold space on its trucks for advertising that was unconnected with its own business. ...