HNGOV 14th Amendment

Due Process of Law

a requirement stated in the 5th and 14th amendments that treatment by state and federal governments in matters of life

Procedural Due Process

the principle that government must respect all

Adversary System

a system of justice in which court trials are essentially contests between accuser and accused that take place before an impartial judge or jury

Inquisitorial System

a trial system in which a judicial official or set of officials act as both prosecutor and judge

Substantive Due Process

judicial interpretation of the due process clauses of the US constitution requiring the content of law to be fair and reasonable

Incorporation/Selective Incorporation

the process through which the US supreme court has applied the due process clause of the 14th amendment to extend the reach of the Bill of Rights to include protection from interference by states

From which document can we trace the establishment of due process?

Anglo-American tradition in chapter 39 of the Magna Carta of 1215

Explain how due process is described in the Magna Carta

King John promised not to imprison

How do we see due process applied in the U.S. Constitution?

• 5th amendment: limits only the national government.

• Article I: prohibits congress and the states from passing ex post facto laws

• 14th amendment imposes the requirement of due process on the states and gives congress the power to enforce the requirement through "appropriate legislation"

Provide an example of procedural due process seen in England

In England

Provide an example of procedural due process seen in the US

due process guarantees apply to both criminal and noncriminal (civil) matters.

What other things does due process guarantee?

the requirement of notice, the opportunity for a fair hearing, the opportunity to present evidence, and the opportunity to appeal an initial decision

Pros of the Adversary System

- In a criminal case where an individual's life

Reasonable doubt

doubt that would cause a prudent person to hesitate before acting on important matters

Cons of Adversary System

can sometimes prioritize winning over finding the truth (injustice)

Pro of Inquisitory System

has courts with the responsibility for full investigation and presentation

Con of Inquisitory System

Gives too much unrestrained power to judges and judicial instituions

Explain the relationship between fundamental rights and substantive due process.

Substantive due process is the legal rule that protects fundamental rights from unfair laws or government actions. Substantive due process means that the constitution usually prohibits some kinds of laws altogether

Explain the details (court case) of how the Supreme Court first began to 'incorporate' constitutional liberties at a state level. Which amendment gives the Court this ability and why?

The court case recognized that in Gitlow v. NY rights of free speech and free press are personal rights to liberty protected by the due process clause. The Gitlow (socialist)

Which parts of the Bill of Rights have yet to be 'incorporated'?

• 5th Amendment (Grand Jury Clause) : The right to a grand jury in criminal cases

• 3rd Amendment : Protection against quartering soldiers in homes.

Equality of Opportunity

a right guaranteed by both federal and many state laws avians discrimination in employment

Equality of Condition

equality in all aspects of life

Separate but Equal doctrine

he argument

Strict Scrutiny

The second highest level of scrutiny. A Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest and is not narrowly tailored to achieve that goal

Intermediate Scrutiny

the middle level of scrutiny applied by courts deciding constitutional issues through judicial review

Judicial Review

Allows the court to determine the constitutionality of laws

Rational Basis

the lowest level of scrutiny applied by the courts deciding constitutional issues through judicial review

What rights are guaranteed by the equal protection clause of the 14th Amendment?

• No state may deny to any person within its jurisdiction the equal protection of the laws

• Forbids arbitrary or irrelevant barriers to the full enjoyment of rights by all persons

How has the equal protection clause been interpreted since 1954?

The supreme court now uses at least 3 levels of analysis (level 1: strict scrutiny

How did the Supreme Court justify the doctrine of "separate but equal" in Plessy v. Ferguson (1896)?

By saying it was simply a colored people's problem if they interpreted the Louisiana law as unequal. Justice John Marshall Harlan disagreed saying it violated
the equal protection act.

What were the effects of the "separate but equal" doctrine?

State sponsored segregations under Plessy lasted. Almost 60 years and included Asian Americans as well.

What arguments did the Court use in Brown v. Board of Education (1954) to abandon the "separate but equal" doctrine from Plessy?

The court used Justice John Marshall Harlan's dissent in Plessy stating that separated education facilities were "inherently unequal." They also used the fact that the 14th amendment's purpose is to ensure equality

Analysis of Strict Scrutiny

Level 1: Strict Scrutiny- the second highest level of scrutiny used by courts reviewing federal law for constitutional legitimacy. Ex. Laws that deny or dilute the right to vote

Analysis of Intermediate Scrutiny

the middle level of scrutiny applied by courts deciding constitutional issues through judicial review. Governments that disntiguish between groups because of gender or illegitimacy must prove that the laws are "substantially related to an important government purpose."

Analysis of Rational Basis

The lowest level of judicial scrutiny applied to constitutional issues. The burden is on the challenger to prove that the law has no rational connection to a legitimate government interest. If the government can provide any reasonable justification for the law