Bell Work: 5/8/13 What is seditious speech? What is prior restraint?

Freedom and Security of the Person: 20.1

The Meaning of Due Process: Due Process: The government must act fairly and in accord with established rules in all that it does. -two due process clauses in the Constitution: 1.) 5 th Amendment: Government cannot deprive any person of “life, liberty, or property without due process”. 2.) 14 th Amendment: Same as above, but it places the same restrictions on State and local governments.

Types of Due Process: Procedural: Ex:) Rochine v. California Substantive: Ex:) Pierce v. Society of Sisters

Right of Privacy: The Constitutional guarantees of due process creates a right of privacy- “the right to be free, from unwanted governmental intrusions into one’s life. Most right to privacy cases have involved abortion ex:) Roe v. Wade

Police Power: Police Power: The authority of each State to act to protect and promote the public health, safety, morals, and general welfare. The use of police power often produces conflicts with civil rights protections. Ex) Drunk driving test, violate the 14 th amendment (due process) - Legislators and judges have often found public health, safety, to be more important.

Freedom and Security of the Person: 20.2

Slavery and Involuntary Servitude: The 13 th Amendment was added to the Constitution section 1: “ Neither slavery nor involuntary servitude, shall exist within the United States, or any place subject to their jurisdiction”. Involuntary servitude = forced labor

-section 2: Gives Congress the expressed power to enforce this article by appropriate legislation. Shortly after the Civil War, Congress passed several civil rights laws. These laws were soon repealed, and those that remained were usually not enforced. – For many years, it was generally thought that Congress didn’t have the power to act against private parties who practiced race based discrimination.

The Right to Keep and Bear Arms: The 2 nd Amendment reads: “A well trained militia, being necessary to the security of a free State, the right of people to keep and bear arms, shall not be infringed.” The aim was to protect the right of each State to keep a militia. – Today, many insist that the 2 nd Amendment guarantees a right to keep and bear arms

The Supreme Court has never accepted that interpretation of the 2 nd Amendment. Thus, each State can limit the right to keep and bear arms. – All States do in various ways. Ex: assault weapons, carrying a weapon in a vehicle, and other permits.

Security of Home and Person: The 3 rd and 4 th Amendments say that government cannot violate the home or person of anyone in this country without just cause. 3 rd Amendment- forbids quartering (housing) of soldiers in private homes without owners consent. 4 th Amendment- was designed to prevent the use of writs of assistance, or unreasonable searches. (also guaranteed in the 14 th Amendment).

The basic rule of the 4 th Amendment is this: -Police officers, except in special circumstances, must have a warrant and probable cause to conduct a search of a person or property. Probable cause- reasonable suspicion of a crime. When making a lawful arrest, police do not need a warrant to search the area in which the arrest is being made.

Automobiles: Several time the court has upheld the right for police to search a vehicle without a warrant. Thus, whenever a police officer makes a routine traffic stop, they do not need a warrant to search anything in that vehicle.

The Exclusionary Rule: The Courts have adopted, and are still refining, the exclusionary rule. Exclusionary Rule- Evidence gained as the result of an illegal act by police cannot be used in court. – Should people be able to get off on a “technicality”?