Can you please help me solve my study guide

1. What does the omission of more rights provisions directed at the States in the original Constitution suggest about how the Founding Generation viewed the respective state and national governments? How did this view change after the Civil War?

2. Explain the shift in the scope and issues addressed by the Supreme Court after the Civil War ended.

3. Explain Marshall's interpretation of the scope of the Fifth Amendment and the limits it sets to states and the federation in Barron v. Mayor and City Council of Baltimore. How does Article I, Section 10 support Marshall's argument?

4. Provide an alternative interpretation of the Fifth Amendment that would lead the court to side with Barron.

5. Explain the four main arguments of the plaintiff in The Slaughter-House Cases.

6. What was the justification for the enactment of the Fourteenth and Fifteenth Amendments according to the decision in The Slaughter-House Cases?

7. True or False: According to The Slaughter-House Cases, no one else but African Americans can share the protection of the Thirteenth, Fourteenth, and Fifteenth Amendments. (???)

8. What is the difference between state citizenship and United States citizenship according to The Slaughter-House Cases?

9. Discuss: "The Slaughter-House Cases were a final requiem for the Fourteenth Amendment's privileges or immunities clause. The privileges or immunities clause is hereby deleted from the Constitution."

10. Explain the dissent of Justice Field in The Slaughter-House Cases.

11. Although the issue was not directly presented in The Slaughter-House Case, the majority's interpretation of the Fourteenth Amendment excluded the possibility that the privileges and immunities of national citizenship include the protections of the Bill of Rights. Would this have been a more plausible textual basis for incorporation than the Due Process Clause?

12. Was the decision in The SlaughterHouse Case about federalism or about individual rights? Discuss the majority's concern about expanding Congress's legislative authority under Section Five by expanding the rights protected under Section One.

13. True or False: According to The Slaughter-House decision, the enactment of the first section of the Fourteenth Amendment was a clear response to the Supreme Court decision on Dred Scott.

14.Explain the reasoning of the majority in The Slaughter-House Cases to deny the petition. Analyze why the court covered the arguments, reasoning, and articles of the Constitution used by the court as discussed in class, such as the objectives of the amendments, the distinction on citizenships, and the distinction of privileges and immunities.

15. Scope of the Thirteenth and Fourteenth Amendments: According to The Slaughter-House Cases, can the Thirteenth and Fourteenth Amendments only be

16. Consider a scenario where the plaintiffs in The Slaughter-House Cases included women and/or African Americans. How might the presence of these groups among the plaintiffs have potentially changed the Supreme Court's decision? Discuss the implications of gender and race on the legal arguments and the Court's reasoning in this hypothetical scenario

17. Why did the Court refuse to apply constitutional restrictions to private actors in the Civil Rights Cases?

18. Justice Harlan's dissent argues that proprietors of public accommodations all exercise public functions. Why should this be true? Is it plausible to treat all these entities as state actors?

19. True or False: According to this decision, it is proper to state that civil rights, such as are guaranteed by the Constitution against State aggression, cannot be impaired by the wrongful acts of individuals.

20. Draft a Thirteenth Amendment argument for these cases. What would the Supreme Court answer?

21. What was the Supreme Court's reasoning for upholding "separate but equal" in Plessy v. Ferguson under the Fourteenth Amendment? Explain the opinion of the court and its different justifications for the decision.

22. Explain the four arguments Justice Harlan provided in his dissenting opinion in Plessy v. Ferguson.

23. True or False: the Plessy decision suggests the constitutionality of separate accommodations for people whose hair is of a certain different color, aliens, who belong to certain nationalities or requiring white men's houses to be painted white, and colored men's black.

24. Discuss Harlan's argument regarding the Chinese race and its consistency with his approach to the Plessy decision.

25. What limits is Justice Brown's majority opinion willing to impose on segregation in Plessy? What is the standard of review for this sort of law? Where have you seen that standard before?

26. How would Justice Antonin Scalia, an avowed and prominent originalist, have voted if he were a member of the U.S. Supreme Court at the time of the Court's seminal 1954 decision in Brown v. Board of Education?

27. What was the primary legal argument used by the plaintiffs in Brown v. Board of

28. True or False. Brown v. Board of Education overturned the precedent set by Plessy v. Ferguson that established the "separate but equal" doctrine.

29. The Supreme Court's decision in Brown v. Board of Education stated that "separate educational facilities are inherently ________," which led to the desegregation of public schools across America.

30. Examine a portion of the Supreme Court's opinion in Brown v. Board of Education. What legal precedents and arguments did the Court use to justify its decision? How did the Court argue the impact of segregation on children?

31. Derrick Bell, legal scholar and founder of critical race theory, rewrote the Brown opinion, where he critiqued the majority decision. He explained that the Court failed to consider three major components of racial segregation that had to be addressed to provide meaningful relief. What were they?

32. In The Slaughterhouse Cases, Justices Field, Swayne, and Bradley dissented, complaining that citizens in a "free government" must have the right to pursue happiness or exercise their liberty to participate in the profession of their choice. Are these Justices' decisions to join the majority in Bradwell consistent with their Slaughterhouse Cases votes?

33. Analyze the consistency of Justice Joseph P. Bradley's arguments in both decisions. Was it consistent? If not, how could he have been consistent?

34. What would Scalia have said about the Bradwell case? Explain why using his

35. What would Ginsburg have said about the Bradwell case? Write the main point of her dissent using the United States v. Virginia case.

36. What are the facts, holding, and dissents in the United States v. Virginia case? Explain the main arguments of the majority opinion. Explain the standard of evaluation used by the court.

37. What is the intermediate standard of review?

38. Justice Scalia states in his dissent that the majority's standard for evaluating the constitutionality of VMI's exclusion of women "drastically revises our established standards for reviewing sex-based classifications." Do you agree?

39: Do you see any validity in VMI's argument that single-sex education has an important role to play in society, particularly in the context of military-oriented education?

40. Astate-supported nursing school, Women's Nursing College (WNC), allows only women to earn nursing degrees, but allows men to audit classes. Other than only admitting women, WNC's nursing program is unremarkable: It is similar to the other state nursing colleges. Chad, a man who lives near WNC, wishes to

41. What is the current level of scrutiny appropriate to evaluate whether a law that discriminates on the basis of gender is constitutional? In addition to the name of the level of scrutiny, describe what questions that level of scrutiny requires a court to ask to evaluate the constitutionality of a law's distinctions based on gender.

• 42. What was the gender discrimination problem at issue in United States v. Virginia? The Supreme Court ruled that the discrimination was unconstitutional. What were the Court's reasons for that decision?

44. What are the arguments for why the Equal Rights Amendment is currently poised to become part of the Constitution? What are the arguments for why the Equal Rights Amendment could not be included in the Constitution now?

45. What was Ginsburg's approach to advance women's rights as a litigator? Was her approach different when she became a judge or a Justice?

46. Describe and comment on one of the cases Ginsburg uses in her book to describe her fight for women's rights.