Protecting Individual Rights

Due Process of Law Two due process clauses: 5th Amendment: cannot deprive any person of Life, liberty or the pursuit of happiness 14th same restriction on states Substantive: substance of the action or law Procedural: the way it is implemented. Government cannot act apart from fairness and rule of law.

Police Power Power of each state to protect and promote the public health, safety, morals and general welfare. Can interfere with civil rights protections Drunk driving Search warrant – court order authorizing a searth States can limit: tobacco, alcohol, concealed weapons, gambling, States can promote education, medical assistance and limit public utilities.

Right to Privacy The Constitution makes no specific mention of the right of privacy. Supreme Court declared it’s existence in Griswold v. Connecticut 1965.

Roe v. Wade Struck down a law that made it a crime to have an abortion except when necessary to save the life of the mother. 1st trimester of pregnancy a state must recognize a woman’s right to an abortion. 2nd trimester states can, act in the interest of the women who undergo abortions, make reasonable regulations without prohibiting the procedure. 3rd trimester can prohibit abortions except those to preserve the life or health of the mother.

Other Reproductive Cases Webster v. Reproductive health Upheld Missouri Law: Prohibit abortions except those to preserve the mother’s life or health: 1) in any public hospital or clinic 2)20 weeks or more pregnant and show a viable fetus.

Other cases continued…. Planned parenthood of Southeastern Pennsylvania v. Casey 1992 A Woman must have counseling intended to change her mind. A woman must delay for 24 hours after counseling. An unmarried female under 18 must have the consent of a parent or a judge. Doctors and clinics must keep detailed records of abortions performed.

Other Cases Continued… Stenberg v. Carhart Applied Casey’s rule Struck down a Nebraska law prohibiting partial birth abortions saying Was too loosely drawn Banned procedure may be the most medically appropriate way to end a pregnancy. Allowed an exception to protect the life, but not health of the mother.

Rulings since printing… 2003 President Bush signs a ban into law Law challenged in 2006, court upholds ban

Involuntary servitude 13th amendments prevents slavery and involuntary servitude. Does not forbid all forms of involuntary servitude. 1918 Court makes a distinction between servitude and duty. 13th governs the conduct of private individuals and the government.

13th Amendment Racial Discrimination was not considered A factor in involuntary servitude Many laws that were passed under the 13th for that reason were repealed. Civil Rights Act of 1866: Jones v. Mayer breathed new life into the 13th Amendment. Mayer refused to sell home based on race….Court upheld saying Congress had the power to abolish the “badges and incidents of slavery.”

Right to Keep and Bear Arms 2nd Amendment Protect the right of each State to keep a militia. Aim to keep the concept of citizen-soldier. The Supreme Court has not held that individuals had a right to firearms as they have freedom of expression in the 1st amendment.

Security of Home and Person Government cannot violate the home or person of any American citizen. 3rd amendment: No quartering of troops. 4th amendment: No illegal search and seizure Grew out of the writs of assistance: Blanket search warrants used in Briton to search for smuggled goods. Must have probable cause to obtain a search warrant.

Security of Home and person Arrests: seizure of a person Must have probable cause to believe that a person has committed a crime. Automobiles Do not need a warrant to search glove box or trunk if they believe that anything in that vehicle holds evidence of a crime (California v. Acevedo 1991)

Exclusionary Rule Evidence that is collected or gained through an illegal search and seizure cannot be used in a court of law.

Drug Testing and Wiretapping Federal drug testing programs have been held legal. Can be conducted without a warrant and without suspected drug use Students in competitive, extracurricular activities can also be tested. Wiretapping Outside of home (Olmstead v. US 1928) Tapping outside of home: privacy not upheld Katz v. United States 1967 Call in a phone booth: Right to privacy upheld Patriot Act Social Media: No expectation of privacy Public Servers

Rights of the Accused Writ of Habeas Corpus – writ of liberty You have the body Bills of Attainder Act that inflicted punishment without a court trial States nor Congress can pass such measures. Expost Facto Laws Laws that make something illegal after it has already happened. Laws that are retroactive

Grand Jury Formal Device by which a person can be accused of a serious crime. Indictment: a formal complaint laid before a grand jury. Double Jeopardy: Cannot be accused of the same crime twice.

Speedy Trial Given trial without undue delay How much is too much Length of delay Reasons for delay Whether the delay has in fact harmed the defendant Whether the defendant asked for a prompt trial.

Trial by Jury Impartial Jury Gideon v. Wainwright 1963 Attorney must be furnished to a defendant who cannot afford one.

Miranda v. Arizona Miranda Rule Right to remain silent Anything you say can be used against you in court Informed of right of an attorney If unable to hire one; one will be provided at public expense. Can bring police questioning to an end at any time.

Punishment Bail – money deposited to guarantee that a person will not flee. Preventative detention: A federal judge can order someone accused of a federal crime be held without bail…..if commission of another crime is a possibility

Capital Punishment Treason Constitutional as long as applied fairly Treason Only crime defined 1) levying war against US 2) Aiding or giving comfort to the enemies of the US 3) Death Penalty maximum punishment