Unit 3 – civil liberties & civil rts.

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Presentation transcript:

Unit 3 – civil liberties & civil rts. THE SELECTIVE INCORPORATION OF THE 14TH AMENDMENT’S DUE PROCESS CLAUSE PREVENTS STATE GOVERNMENTS FROM INFRINGING ON BASIC LIBERTIES (LOR-3)

14TH amendment (1789) s.1 - All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Explain the implications of the doctrine of selective incorporation LOR-3.A

Lor-3.A.1 – SELECTIVE INCORPORATION This doctrine prevents state governments from infringing on our individual liberties

Mcdonald v. chicago (2010) Background – Otis McDonald (& others) filed a class action lawsuit against provisions of a 1982 Chicago law that banned the new registration of handguns & made registration a prerequisite of possession of a firearm Ruling – SCOTUS ruled 5-4 in favor of McDonald Impact – Utilized the concept of selective incorporation to state that the 2nd Amendment applies to state & local governments as well as the federal government

Explain the extent to which states are limited by the due process clause from infringing upon individual rights LOR-3.B

Lor-3.b.1 – scotus & the states On occasion, SCOTUS has ruled in favor of states’ power to restrict individual liberty (swinging your arm analogy)

Lor-3.b.2 – miranda rule (1966) & the 5th/6th Amendments 5th Amendment protects against ‘forced self-incrimination’ 6th Amendment guarantees the ‘right to legal counsel’ Miranda was arrested & not informed of his rights. After a long interrogation, he confessed to the crime. He was convicted & he appealed to the SCOTUS. Threw out conviction because it was gained w/out him knowing he had the right to a lawyer

Lor-3.b.2 – miranda rule & the 5th/6th Amendments You have the right to remain silent, anything you say can & will be used against you in court. You have a right to a lawyer, if you can’t afford one, one will be afforded to you…Do you understand these rts. that I have explained to u