RIGHTS GIVEN TO THE PEOPLE CIVIL LIBERTIES: RIGHTS GIVEN TO THE PEOPLE

Habeas Corpus An order to an official to bring the prisoner before the court and show why he or she is imprisoned

Ex Post Facto Someone cannot be punished ‘after the fact’ For example: If yesterday it was legal to swim in the Rouge, but today they passed a law that it is now illegal, you cannot be punished for swimming yesterday.

Bills of Attainder No law can be made that directly punishes a specific individual or group of individuals For example: A law cannot be made that says all students that ask Ms. Memminger stupid questions have to spend the night in jail.

Selective Incorporation Rather than total incorporation of rights under the Bill of Rights be applied to the states as well… The Supreme Court heard each case…. Individually, right by right. Why?

Barron v. Baltimore Barron lost his wharf due to actions of the state government. They paved over streams that caused the water to disappear around his wharf… He believed the state had deprived him of his land use. He sued under the 5th amendment What was the outcome?

DUE PROCESS 14th Amendment No State Shall…deprive any person of life, liberty, or property without due process of law. Designed to make the states comply with the Bill of Rights, even though they may have their own Bill of Rights.

What wasn’t Incorporated? Things not important to the states, federal tradition or historically moot. Quartering Soldiers Bearing Arms Grand Jury Indictment in State Courts Jury in Civil Trials Excessive Fines or Bail

Palko v. Connecticut Frank Palko had been charged with first-degree murder. He was convicted instead of second-degree murder and sentenced to life imprisonment. The state of Connecticut appealed and won a new trial; this time the court found Palko guilty of first-degree murder and sentenced him to death. Did this violate the 5th amendment’s double jeopardy clause? NO, double jeopardy is not a fundamental right.