4th, 6th, 8th, and 14th Amendment

Searches and Seizures, Plea Bargaining, Cruel and Unusual Punishment, Due Process, Equal Protection Clause

Unalienable Rights

rights that all are entitled to

• same opportunities not necessarily the same rewards

  • equality of opportunity —> equality implied in the constitution not outright said

14th Amendment

no person denied equal protection of the law

no person denied of life liberty and the pursuit of happiness

Voting Rights Act 1965

abolished literacy tests —> person has to have completed the 6th grade

federal government sends elections officials to oversee elections in areas with a history of discrimination.

• then force them to submit new voting laws/plans

14th amendment and poll taxes

wealth should not dictate your right to vote

Standards of Review

Inherently suspect - racial

Medium-Level Scrutiny - women/gender

Justified Discrimination - Airline Pilot age cutoff

McLaurin v. Oklahoma State

Mclaurin forced to see different facilities

SCOTUS decided that higher education can’t apply “separate but equal”

Dejure Segregation

mandated through laws - Jim Crowe

De facto Segregation

segregation from socio-economic factors

Dredd Scott

scott = slave, sues for his freedom arguing he was a free man

lived in Illinois —> compromise of 1820 Illinois + free state

Dredd Scott Decision

scott ruled as not an American citizen = no standing to sue

declares Missouri compromise unconstitutional

Plessy v. Furgussen

seperate but equal

Civil Rights Act 1875

aimed to guarantee equal Access to public accommodations and outlawed racial discrimination in public transportation and service on juries

Swann v. Charlotte Mecklenburg County Schools

authorities have the obligation to overcome the past discrimination

• help attend to de facto Segregation

Brown v Board decision

school segregation was inherently unconstitutional because it violates equal protection clause

overthrows plessy ruling —> instills inferiority in African American children

SCOTUS orders all lower courts to desegregate ASAP —

Just Laws

laws that align with moral law and/or laws of God

Unjust Laws

a law that doesn’t align with morality

Due Process

ensuring individuals are treated fairly and protects individuals from arbitrary government action

Procedural Due Process

deals with legal rules and procedures as well as the fairness of legal proceedings

• courts favor procedural claims - more objective and quantifiable

Substantive Due Process

deals with a protection from arbitrary government action and fairness of laws themselves

• courts tend to dislike because these claims tend to be subjective

Selective Incorportation

due Process clause = main way courts incorporated bill of rights into states

Fourth Amendment

protects against unreasonable searches and seizures

• officers must have a warrantEx

Exclusionary Rule

evidence obtained illegally cannot be admitted or used as basis for conviction

Fifth Amendment

protects one against self incrimination through the NEMO TENETUR clause

Miranda Warning

read rights that are required to be read to someone who is arrested

Sixth Amendment

defendants are entitled to “have the assistance of counsel for his defense on trial”

Plea Bargaining

a bargain that is struck between a defendant’s lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser or fewer crime(s) in exchange for states promise not to prosecute the defendant for more serious or additional crimes

8th Amendment

forbids cruel and unusual punishment

• centered around death penalty

“guided Discretion”

juries are provided with specific factors to consider when deciding whether to impose the death penalty