Unit Three: Lesson 18 How has the Due Process Clause of the 14th Amendment changed the Constitution?

Slides:



Advertisements
Similar presentations
Unit 5 Law and You Laws are often created to ensure the rights and protections of individuals.
Advertisements

Law Studies.
 The 5 th Amendment limits the national government, but the 14 th guarantees that states cannot deprive rights without “Due Process.”  Due process.
Unit 6: Individual Rights and Liberties
UNDERSTANDING THE CONSTITUTION
Unit Four Lesson 25 What is the role of the Supreme Court in the American Constitutional System?
The Judicial Branch. Court Systems & Jurisdictions.
Warm up Today we begin our unit on the Judicial Branch. A primary purpose of the U.S. court system is to ensure equal justice under the law. In your opinion,
Chapter 7: The Judicial Branch
LEARNING OBJECTIVES/ GOALS/ SWBAT
Government, Chapter 3 The Constitution
The Due Process Clause of The Fourteenth Amendment Unit 3, Lesson 18.
 The 5 th Amendment limits the national government, but the 14 th guarantees that states cannot deprive rights without “Due Process.”  Due process is.
The Judicial Branch November 10, 2014 Standard: SS8CG4
Changes on the Constitution The power of the 14 th Amendment Amending the Constitution Amending the Constitution = Difficult process Amending the Constitution.
The Federal Court System
Constitutional Change
Judicial Branch Test Review. Supreme Court What is the highest court in the Country?
Judicial Branch The country’s laws restrict the power of government. Citizens are protected from arbitrary, or unreasoned, rule of public officials.
Judicial Branch Judicial Branch.
The 14 th Amendment and Incorporation. 1-What lies at the heart of the American political system? §The belief in human rights.
Do the Bill of Rights Apply to the states?.  The first ten amendments to the U.S. Constitution  Passed by the first Congress in The Bill of Rights.
UNIT 3 AMERICAN GOVERNMENT. LESSON 18 PAGES How has the Due Process Clause of the 14 th Amendment changed the Constitution? Objective: Explain.
The Judicial Branch of Georgia’s Government
 These slides are designed to make note-taking simpler. Most notes are drawn from the text. You will have a test on these notes as part of your your.
The Federal Court System …and Justice For All. The Adversarial System Courts settle civil disputes between private parties, a private party and the government,
Warm Up? Why was it so important to the Anti- Federalists that a Bill of Rights was added to the Constitution? To guarantee people’s rights.
Law and Your Rights 7.1. “Equal Justice Under Law”  Carved over entrance of Supreme Court Building All US citizens equal and guaranteed equal protection.
Unit #2.  Would the Charter of Rights and Freedoms have any application in April’s complaint?  What is the difference between a right and a privilege?
The Judicial Branch The main job of the Judicial Branch is to interpret the laws!
JUDICIAL BRANCH Chapter Seven, Lessons 1 & 2. Judicial branch has two main jobs: Judicial branch has two main jobs: Ensure that laws are fairly enforced.
What is due process of law? “due process”  the government must respect all of the Due process of law  treatment by state and federal governments in matters.
Jeopardy $100 Foundations ConstitutionFederalism Legislative Branch Executive Branch $200 $300 $400 $500 $400 $300 $200 $100 $500 $400 $300 $200 $100.
Constitution provides for an independent judiciary significant departure from the English tradition of formally placing judicial power in the legislative.
Canadian Bill of Rights and the Canadian Charter of Rights and Freedoms.
Basic Legal Rights Review Article I of the Constitution & the Bill of Rights, gives basic rights to all people.
Democracy and Constitutions The Texas System of Justice p
Unit 5 Law and You Laws are often created to ensure the rights and protections of individuals. Sets up a limited government The people have power The government.
The Constitution contains 3 parts: the Preamble, the Articles, and the Amendments The Constitution contains 3 parts: the Preamble, the Articles, and.
THE JUDICIAL BRANCH COURTS, JUDGES, AND THE LAW. MAIN ROLE Conflict Resolution! With every law, comes potential conflict Role of judicial system is to.
Article III: The Judicial Branch Chapters: 11,12
THE JUDICIAL SYSTEM Part 1: The Federal Court System Part 2: Civil Liberties and the 1 st Amendment Part 3: Civil Rights, Equal Protection Under the Law.
Lesson 18: How Has the Due Process Clause of the Fourteenth Amendment Changed the Constitution?
Due Process and the 14th Amendment
Government Governments are created to provide safety, order, and to serve the people. They depend on citizens taking active, responsible roles.
HSA Review: Bill of Rights.
Judicial System & The Judicial Branch
The Federal Court System
Objectives 1. Circumstances required for a case to be brought before the Supreme Court. 2. How do politics enter into Supreme Court decisions? 3. Why is.
Equal justice under the law
The Judicial Branch …and Justice For All.
Lesson 18: How Has the Due Process Clause of the Fourteenth Amendment Changed the Constitution?
Government, Chapter 3 The Constitution.
The Federal Court System
Introduction to the U.S. Legal System
Judicial Branch Lindquist.
Judicial Branch (The Last One!)
In a court, should the truth always be found? Yes or No? Justify.
Chapter 7 The Judicial Branch.
The Federal Court System
Unit 1: The Law and Civil Rights
The Judicial Branch.
The Bill of Rights: The First 10 Amendments to the Constitution
Interpreting: explaining the meaning
Judicial Branch.
Constitutional Principles
The Bill of Rights.
The Constitution Chapter 10.
Chapter 15 Courts Judges and the Law.
The Judicial Branch.
Presentation transcript:

Unit Three: Lesson 18 How has the Due Process Clause of the 14th Amendment changed the Constitution?

Essays for Unit Three Test What are the basic purposes of the 14th Amendment? How are questions left unresolved at the Philadelphia Convention addressed in the 14th Amendment? How are the due process and equal protection clauses of the 14th Amendment related to principles of limited government? How and why has suffrage been expanded in the US? Why has the expansion of suffrage been controversial? How have advocates of expanded suffrage used their rights under the 1st Amendment to achieve their goals? What are the major arguments for and against JUDICIAL REVIEW? Alexander Hamilton claimed in Federalist No. 78 that “the interpretation of the laws is the proper and peculiar province of the courts.” Do you agree or disagree? Why? What are the advantages and disadvantages of an appointed, life-tenured branch of government overturning laws passed by a democratically elected body of government?

Unit Three Vocabulary Amendment Literacy Test Delegated Powers Platform Due Process of Law Political Party Enfranchisement Procedural Due Process Equality of Condition Sedition Equality of Opportunity Separate But Equal Grandfather Clause Substantive Due Process Judicial Review Ticket

What is due process of law? Due Process is an ancient concept but the Magna Carta is one of the earlier British examples “by the law of the land” meant even the King/government had to follow the laws set forth John Locke argued the purpose of government was to protect life, liberty and property Belief about what was fair and just when government is making rulings about life, liberty and property are ever evolving The 5th Amendment contains the DUE PROCESS clause Limits only the national government 14th Amendment extends DUE PROCESS to the states

What is Procedural Due Process? Due Process means that government officials must follow recognized procedures and not act arbitrarily PROCEDURAL DUE PROCESS requires the government to act in certain ways before they regulate or take life, liberty or property PRECEDURAL DUE PROCESS require the government to treat citizens equally under the law Due Process guarantees apply to both criminal and noncriminal (civil) matters Federal and state governments create the procedures School discipline rules Fair Hearings, opportunity to present evidence, appeal

Procedural rights important to an adversarial legal system US courts are “ADVERSARIAL” which means there are opposing parties in all cases Justice is most likely served when there is a clash between opposing parties Both sides gather evidence/witnesses to support their side and work to expose the weaknesses of the other side In a criminal cases, where a person’s life, liberty or property is at stake, it is assumed a person is innocent until proven guilty beyond a reasonable doubt In a civil case, where a person’s wealth is at stake, the burden of proof is lower. The jury sides with the preponderance of evidence. Both sides try to win. In contrast, the “INQUISITIONAL” system, judges act as investigators and decision makers. Those who support this type of system believe it is fairer because the quality of the lawyer is not an issue. They also believe it supports the truth, rather than trying to win

Substantive Due Process Substantive Due Process recognizes that some laws are wrong no matter how popular they may be. The government must have an overwhelming compelling reason to interfere or regulate peoples’ rights Substantive Due Process requires the content of the law to be fair and reasonable The role of the Courts is to interpret the Constitution and ensure fundamental rights are not violated The Courts view the following as FUNDAMENTAL RIGHTS: The right to marry and have children The right to purchase and use birth control The right to custody of one’s own children and rear them as you see fit The right to free speech The right to interstate travel The right of legal voters to vote The right of free association The right to religious freedom

Example of Due Process Procedural Due Process Substantive Due Process A citizen (Latino) in Walla Walla is convicted of robbery and is sentenced to 15 years A citizen (Caucasian) in Seattle is convicted of robbery and is sentenced to 5 years Substantive Due Process A law is passed that revokes the drivers license of all red headed drivers A law is passed that revokes the drivers license of all drivers over the age of 70

Doctrine of Incorporation Even after the 14th Amendment’s promise of “DUE PROCESS,” states led the way in interpreting and protecting fundamental rights In 1925, the Supreme Court began to revisit the interpretation of due process and equal justice Gitlow v. New York (1925) recognized that states could not interfere with free speech and free press rights. Personal rights were protected by the due process clause and states could not limit these rights This case began the process known as INCORPORATION, using the 14th Amendment’s Due Process clause to decide whether rights guaranteed limit the state or federal governments. Since that time, the Supreme Court has used the 14th Amendment to protect individual rights from government infringement. The 1st Amendment rights were protected from state interference (speech, press religion, assembly & press). The rest are determined using selective incorporation Selective incorporation – case by case, the Supreme Court rules The Supreme Court was less willing to completely protect the rights of the accused (4th – 8th), because the states had a greater responsibility in enforcing the law

Refused to Incorporate Selective Incorporation has solidified the rights guaranteed in the 4th-8th Amendments The Supreme Court has refused to incorporate or has not yet considered whether to incorporate the following rights: 2nd Amendment Right to Bear Arms 5th Amendment Right to indictment by a Grand Jury 7th Amendment Right to Jury Trial in Civil Lawsuits 6th Amendment (implied) Right to a Jury of 12 that must reach a unanimous decision

Review Explain the difference between procedural and substantive due process. Is one more important than the other? What are the major differences between an adversarial and inquisitorial system of justice? What is the relationship between substantive due process and fundamental rights? What is the process of selective incorporation? Has incorporation of the Bill of Rights in the states validated the fears of the Anti- Federalists regarding the power of the national judiciary (lesson 13)? Explain