Changes on the Constitution The power of the 14 th Amendment Amending the Constitution Amending the Constitution = Difficult process Amending the Constitution

Civil War Amendments Thirteenth Amendment Thirteenth Amendment – ended slavery in the United States. Fourteenth Amendment Fourteenth Amendment –allowed all people born and naturalized to have the rights of citizens. The Fifteenth Amendment The Fifteenth Amendment –allowed all citizens to vote.

14 th Amendment Guarantees that states shall not deprive of life, liberty or property without “Due process of law” Guarantees that states shall not deprive of life, liberty or property without “Due process of law” There is no definition of Due Process in the Constitution There is no definition of Due Process in the Constitution Due Process has been used to protect individuals’ rights against action by the government Due Process has been used to protect individuals’ rights against action by the government

Due Process the principle that a person has the right to be heard in an orderly proceeding in order to protect his or her rights. the principle that a person has the right to be heard in an orderly proceeding in order to protect his or her rights. The principle gives individuals the right to protect themselves against alleged violations placed by the government The principle gives individuals the right to protect themselves against alleged violations placed by the government Frequently interpreted as placing limitations on laws and legal proceedings Frequently interpreted as placing limitations on laws and legal proceedings It guarantees fundamental fairness, justice, and liberty. It guarantees fundamental fairness, justice, and liberty.

Here's what we can say about due process: Goes back to the Magna Carta, Goes back to the Magna Carta, –due process = "law of the land" and "legal judgment of peers.“ The 5th Amendment The 5th Amendment –Applied only to the federal government and its courts and agencies. The 14th Amendment The 14th Amendment –extends protection of due process to all state governments, agencies, and courts. Refers to how and why laws are enforced. Refers to how and why laws are enforced. It applies to all persons, citizen or alien, as well as to corporations. It applies to all persons, citizen or alien, as well as to corporations.

Procedural Due Process Government officials must Government officials must –Follow procedures when enforcing the law –Act a certain way before taking natural rights  property Originally focused on the rights of criminal defendants Originally focused on the rights of criminal defendants

Substantive Due Process Non criminal procedures Non criminal procedures Liberties that are entitle to each individual must not be taken away Liberties that are entitle to each individual must not be taken away –Economic liberty involves liberty-based due process challenges involves liberty-based due process challenges The Court usually looks to see a fundamental right has been violate The Court usually looks to see a fundamental right has been violate

Doctrine of Incorporation Legal doctrine by which portions of the Bill of Rights are applied to the states Legal doctrine by which portions of the Bill of Rights are applied to the states 1833 the Supreme Court 1833 the Supreme Court –Barron v. Baltimore  The Bill of Rights applied only to the Federal, but not any State, government. 1890's 1890's –"incorporate" most portions of the Bill of Rights, making these portions, for the first time, enforceable against the state governments

Gitlow v. New York Gitlow, a socialist, was arrested for distributing copies of a "left-wing manifesto" Gitlow, a socialist, was arrested for distributing copies of a "left-wing manifesto" Gitlow was convicted under a state criminal anarchy law Gitlow was convicted under a state criminal anarchy law Gitlow argued that there was no resulting action flowing from the manifesto's publication Gitlow argued that there was no resulting action flowing from the manifesto's publication The New York courts had decided that anyone who advocated the doctrine of violent revolution violated the law. The New York courts had decided that anyone who advocated the doctrine of violent revolution violated the law. Does the New York law punishing the advocacy of overthrowing the government an unconstitutional violation of the free speech clause of the First Amendment?

Selective incorporation state governments are held to the same standards as the federal government with regard to many constitutional rights: state governments are held to the same standards as the federal government with regard to many constitutional rights: –1 st Amendment freedoms of speech, religion, and assembly, and the separation of church and state –4 th Amendment freedoms from arrest without a warrant and unreasonable searches and seizures –5 th Amendment privilege against self-incrimination –6 th Amendment right to a speedy, fair, and public trial. Provisions not applied to the states through the incorporation doctrine: Provisions not applied to the states through the incorporation doctrine: –indictment by a Grand Jury (Sixth Amendment) –the right to a jury trial in civil cases (Seventh Amendment)

Effects of Incorporation The incorporation doctrine transferred to the Supreme Court much of the power that had resided in state governments since the founding of the nation. The incorporation doctrine transferred to the Supreme Court much of the power that had resided in state governments since the founding of the nation. Decisions were taken out of the hands of state lawmakers and judges and turned over to the justices of the U.S. Supreme Court. Decisions were taken out of the hands of state lawmakers and judges and turned over to the justices of the U.S. Supreme Court. –limits on police power –Searches –Confessions –Free speech –prayer in school –Ten Commandments displays –Abortion –the death penalty The definition of fundamental rights and state interests can change with the personal values and political views of the judges. The definition of fundamental rights and state interests can change with the personal values and political views of the judges.

Equal Protection Clause A constitutional guarantee for fair treatment A constitutional guarantee for fair treatment Government must treat all persons as equal Government must treat all persons as equal –Equality of opportunity –Equality of Condition