fifth and other amendments

what’re the core protections of the fifth amendment?

• due process (federal): fair procedures before life, liberty, or property can be taken

• grand jury & double jeopardy

• self-incrimination (individuals only, not corporations)

• takings clause/eminent domain: property taken for public use requires just compensation

describe what procedural due process is

• the how

• rules must be fair

• gov has to:

  • give notice

  • let you respond

  • use a neutral decision-maker

describe what substantive due process is

• the what

• even if rules are followed, law itself has to be clear on its face

  • if a law tramples fundamental rights, it’s unconstitutional

describe the 14th amendment

• applies due process to states and cities:

  • incorporates most of the bill of rights protections

• state/municipal enforcement must meet due-process basics before depriving rights

• full faith & credit: valid judgements require proper jurisdiction + due process

under the 14th amendment, what is equal protection - the scrutiny ladder

• strict: race/fundamental rights - compelling interest, narrowly tailored

• intermediate: gender/illegitimacy - substantially related to important interest

• rational basis: everything else - reasonable fit to legitimate interest

describe the 9th amendment

• enumeration of certain rights shall not be constructed to deny others retained by the people

• basically: just b/c it’s not listed doesn’t mean you dont have it

• privacy cases show its reach in modern law

• business angle: employee privacy expectations (GPS, data collection) may be protected even if not spell out

explain the ninth and fourth amendment together (privacy expansion)

• 4th protects against unreasonable searches

• 9th reminds us: rights aren’t limited to whats written down

• together, they stretch privacy into new spaces like phone calls, GPS & digital location, future tech

• so….the Constitution protects privacy even where the founders couldn’t imagine it

describe the 10th amendment

• reserves powers not delegated to US for states and people

• Printz: feds cant commandeer state officers

• Murphy v NCAA: feds cant ban states from authorizing sports betting

• explains why business compliance differs state by state

describe the 2nd amendment

• firearm rights + regulations

• workplace gun policies, liability, and state laws differ

describe the 3rd amendment

• no quartering soldiers; rarely litigated but part of home privacy

• applies to state and national guard (engblom v carey)

describe the 6th amendment

• criminal trial rights - notice, counsel, jury, confrontation

• white-collar executives charged with fraud, insider trading, tax evasion rely on these protections

describe the 7th amendment

• civil jury trials over $20 - often replaced with arbitration clauses

• key case: feltner v columbia pictures confirmed jury role in damages

describe the 8th amendment

• no cruel/unusual punishment; no excessive fines or bails

• regulatory fines can’t be outrageously disproportionate

• acts as guardrail against crushing penalties