Basic Info
Passed after the Civil War to guarantee far-reaching protections of citizens across the country- esp. former slaves.
What is the 14th Amendment?
Ensures that fair and legitimate legal processes take place before life, liberty, or property can be taken (14th).
What is Due Process?
Evidence taken in violation of the 4th amendment can be excluded from trial (Mapp v. Ohio- selectively incorporated Amendment 4)
What is the Exclusionary Rule?
The substance of a law (mostly state laws) cannot violate basic rights.
What is Sustantive Due Process?
Addresses citizenship, rights, and "equal protection of the laws," ensuring no state can deprive anyone of life, liberty, or property.
Rights of the accused; No person shall be deprived of “life, liberty, or property” without DUE PROCESS of law.
What is the 5th Amendment?
SCOTUS process of declaring certain (selected) Bill of Rights provisions be applied to the states rather than all at once (14th).
What is Selective Incorporation?
Cell phone conversations & internet searches (Metadata) became more widely protected with this act. Privacy trumps surveillance.
What is the USA Freedom Act (2015)?
New Orleans consolidated slaughterhouses into one gov. operation. Private slaughterhouse owners sued and won because their right to lawful and employment was violated (privileges and immunities clause).
What were the Slaughterhouse Cases?
Telephone data minus the actual conversation; can be collected without a warrant.
What is Metadata?
Declares the rights listed in the Bill of Rights are not the only rights the American people have.
What is the 9th Amendment?
Was used in 1897 when Chicago paved a street over RR tracks. Chicago was forced to compensate the RR company for property loss.
What is the Just Compensation Clause?
Limited rights of suspected terrorists home and abroad. Can those suspected of being terrorists be detained without habeas corpus (bringing accused people before a judge)? Rasul v. Bush (2004): Detainees MUST be provided due process.
What is the USA Patriot Act?
Anti-Birth Control laws (in this case, literature) violated privacy rights.
What was Griswold v. Connecticut (1965)?
Protects against unreasonable and unwarranted searches & seizures. Probable Clause- A crime in plain view does not need a warrant.
What is the 4th Amendment?
Not an explicitly expressed right, but is considered a right.
What is an inherent right?
Decided that the Fourteenth Amendment makes the Second Amendment right to keep and bear arms for the purpose of self-defense applicable to the states.
What was McDonald V. Chicago?
Part of the Rights of the Accused. 5th Amendment “Right to remain silent” must be known (Miranda v. Arizona, 1966).
What is Self-Incrimination?
Inherent in the Due Process Clause of the Fourteenth Amendment is a fundamental “right to privacy” that protects a pregnant woman’s choice whether to have an abortion. However, this right is balanced against the government’s interests in protecting women's health and protecting “the potentiality of human life.” To compromise, the ability to have an abortion is based on trimester to limit states' laws within federal laws for each trimester.
What was Roe V. Wade
4th Amendment protections may not always extend to students. Schools are obligated to protect the general welfare of all students, and thus, have more leeway with searches (TLO v. New Jersey).
What are searches in schools?
This is not an expressed right, but is considered an inherent right protected in Amendments 1, 4 and 9.
What is the right to privacy?
The way in which the law is carried out; applied by the 5th & 14th amendments
What is Procedural Due Process?
A Right of the Accused. Lawyers will be provided for all accused people (5th & 6th)
What is the Right to Counsel?
States are obligated to make decisions that promote health & safety.
What is part of Sustantive Due Proccess being denied?
After a man was unable to afford a lawyer and was not provided one by the state, it was decided that the Sixth Amendment's guarantee of a right to assistance of counsel applies to criminal defendants in state court by way of the Fourteenth Amendment.
What was Gideon V. Wainwright?