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Chapter 20, Section 1: Due Process of Law
By: Dana Issa Ayman Mohamed
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Objective Explain the meaning of due process of laws as set out in the 5th amendments. Define police power and understand its relationship to civil rights. Describe the right of privacy and its origins in constitutional law.
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Vocabulary Due Process: The government must act fairly and in accord with established rules in all that it does. Substantive Due Process: The government must create fair policies and laws. Procedural Due Process: The government must employ fair procedures and methods. Police Power: The authority of each State to act or protect and promote the public health, safety, morals, and general welfare of its people. Search Warrant: A court order authorizing a search.
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The Meaning of Due Process
The Constitution contains two due processes clauses. The 5th Amendment declares that the federal Government cannot deprive any person of “life, liberty, or property, without due process of law. The 14th Amendment states that all citizens of the United States have the right to due process of law, regardless of race or any other reason that people came up with for denying due process.
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Police Power and Search Warrants
The police power is the authority of each to act to protect and promote the public health, safety, morals, and general welfare. A search warrant is a court order authorizing a search the evidence could have disappeared from the suspect’s system.
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The Right of Privacy The constitution guarantees of due process create a right of privacy “the right to be free, except n very limited circumstances. The constitution makes no specific mention of the right of privacy, but the Supreme Court declared its existence in Griswold v. Connecticut, That case centered on the state law that outlawed birth-control counseling and prohibited all use of birth-control device.
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Roe v. Wade The court held that the 14th amendments right o privacy a woman’s decision whether or not to terminate her pregnancy. The court ruled that: 1. in the first trimester (three months of the pregnancy) a state must recognize a woman’s right to an abortion and cannot interfere. 2. In the second trimester a state can make a reasonable regulations about how, when, and where abortions can be performed. 3. in the final trimester a state can choose to prohibit all abortions except those necessary.
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Planned Parenthood of Southern Pennsylvania V. Casey
Was a case held by the Supreme Court in which of several Pennsylvania state regulations regarding Abortion were challenged. The Court's decided to bring up the constitutional right to have an abortion but lowered the standard for analyzing restrictions of that right, invalidating one regulation but upholding the others.
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