Chapter 3- Sources and Semantics

The Bill of Rights

The first ten amendments to the Constitution that provide individual rights against government intrusion.

What amendments handle due process?

4th, 5th, 6th, and 8th amendments

First amendment

Freedom speech, press, assembly, religion, and petition

Second amendment

Right to bear arms

Third amendment

Bars governments from quartering soldiers in homes without an owner’s consent

Fourth amendment

Bars government from violating the right against unreasonable searches and seizures and requires probably cause to issue a warrant.

Fifth amendment

Grand Jury indictment for capital charges, double jeopardy, self-incrimination, right to property and due process

Sixth amendment

Speedy and public trial, right to a jury in criminal cases, right to be notified of charges, right to confront witnesses, right to compel witness, right to an attorney

Seventh Amendment

Right to a jury trial in civil cases valued over $20 and review of common lawsuits with common law

Eighth amendment

Bars government from excessive or unusual punishment

14th Amendment/ Due Process Clause

Ensures states cannot deprive a person of life, liberty, or property, without due process of law.

Incorporation Doctrine

The Supreme Court’s use of the Due Process Clause to incorporate provisions of the Bill of Rights in application of the states

Five Common Approaches to Interpreting Constitutional Language

Original Intent, Original Understanding, Textualism, Precedent, Legal Realism

Originalism

An approach that maintains that Constitutional provisions should be interpreted based on standards existing at the time they were written and/or ratified.

Textualism

An approach to Constitutional interpretation maintaining that a provision’s “ordinary” meaning should govern its interpretation and collection.

Precedent

An approach to Constitutional interpretation maintaining provisions should be interpreted as previous court rulings have interpreted them.

Legal Realism

An approach to Constitutional interpretation maintaining that law is an inherently subjective process based the political, social, and moral factors of the time and interpreter.