020811 gov due process moot 100m

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020811 gov due process moot 100m

  1. 1. DRAW A LINE SEPARATING TODAY & YESTERDAY 1) Write: Date: 02/10/11 , Topic: Abortion (SDP) 2) Next line, write “ Opener #20 ” and then: 1) Write 1 high + 1 low in last 24 hours 2) Rate your understanding of yesterday: lost < 1-5 > too easy (3 is perfect) 3) Respond to the Opening Clip by writing at least 1 sentences about : Your opinions/thoughts OR/AND Questions sparked by the clip OR/AND Summary of the clip OR/AND Announcements: None
  2. 2. Article 1, Section 8, Clause 3: Interstate Commerce “ Congress shall have power to… regulate commerce… among the several states” 1) Heart of Atlanta Motel v. US (1964) Racism can have a substantial effect of interstate commerce. 2) US v. Lopez (1995) and US v. Morrison (2000) Local acts of violence has NO substantial effect on interstate commerce. 3) US v. Lopez (1995) and US v. Morrison (2000) Local acts of violence has NO substantial effect on interstate commerce.
  3. 3. Agenda 1) Due Process What you will be able to do: 1) What is due process? Reminder 1) .
  4. 4. <ul><li>Quiz (10 Points) </li></ul><ul><li>Clear desk of everything except a writing tool </li></ul><ul><li>When done, turn quiz face down. </li></ul><ul><li>Circle </li></ul><ul><li>just the dots. </li></ul><ul><li>4) Quiz # 1 </li></ul>
  5. 5. Notes #18a , Title: “ Due Process Notes ” 1) Constitution A1: Congress A1S8C1: Tax + Spend A2: President A3: Fed Courts A1S8C3 Interst. Commer. Veto + carrying out laws Ex Orders + Sign. Statements Interpret Const Subst. DP
  6. 6. Notes #18a , Title: “ Due Process Notes ” 2) Due Process (DP) : Legal concept that gov must respect your legal rights ( Magna Carta ). 3) Procedural Due Process : Legal concept that gov must follow pre-determined steps ( accepted ) 4) Substantive Due Process : Legal concept that the content of the law may not take way fundamental liberty ( strict int. reject S DP ) Lochner v. NY (1905) > Roe v. Wade (1973) 5) Fundamental Liberty : Bill of Rights (accepted), personal privacy: body + family issues (st int reject) 6) 5 th Amendment (1891) : Along with other things, 5 says federal gov must give you DP. 7) 14 th Amendment (1868) : Along with other things, 14 says states must give you DP. 8) Selective Incorporation : Courts over series of cases order states to obey S DP (parts of BOR > personal privacy) 1: Gitlow v. NY (1925) 6: Gideon v. Wainwright (1963)
  7. 7. Notes #18a , Title: “ Due Process Notes ” 2) Due Process (DP) : Legal concept that gov must respect your legal rights ( 5 th + 14 th ).
  8. 8. 5 th Amendment (1891) : Nor shall be compelled in any criminal case to be a witness against himself , nor be deprived of life, liberty, or property, without due process of law ; nor shall private property be taken for public use , without just compensation a) Only accused can refuse to talk ( self-incrim ) b) Fed gov protect procedural+substantive DP c) Gov force you to sell to it your property, it can re-sell for common good ( eminent domain )
  9. 9. 14 th Amendment (1868) : All persons born or naturalized… are citizens of the United States…Nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person… equal protection of the laws. a) Ppl born here are citizens b) States protect procedural+substantive DP c) States give everyone equal treatment Reverse incorporation : 5 th SDP say Fed must give equal protection for all ppl too.
  10. 10. Notes #18a , Title: “ Due Process Notes ” 3) Procedural Due Process : Legal concept that gov must follow pre-determined steps ( accepted ) 4) Substantive Due Process : Legal concept that court can kill a law if a fundamental liberty is taken away + court gets to decide what is a f lib ( strict int reject S DP ) Lochner v. NY (1905) > Gitlow v. NY (1918) > Grisold v. Conn (1965) > Roe v. Wade (1973)
  11. 11. Notes #18a , Title: “ Due Process Notes ” 5) Fundamental Liberty : Bill of Rights (accepted), personal privacy: body + family issues (st int reject)
  12. 12. What power judges should have? PDP: Just make sure govs (state/fed) follows the right steps (esp crime/trials) SDP-Lite Just make sure that govs (state/fed) don’t violate rights in the Constit SDP (precedent): Make sure govs (state/fed) don’t violate what court decide are fund. liberties.
  13. 13. Journ #18a , “ S DP Debate ” 1) Read the 2 sides, choose 1 side, and write which you choose and explain why . 2) Then write down what your partner thinks ( include their name at the end ). 1 2 3 4 5 CON: Keep S DP 1) The Constitution is a starting place for rights, not an ending place 2) Protecting fundamental liberty is the heart of a democracy and the Constitution PRO: Go back to just having P DP (Pre-1900s) 1) New rights can be added through amendments 2) What gives the court the power to make up rights and override laws
  14. 14. Notes #18b , Title: “ Due Process Notes ” 6) 5 th Amendment (1791) : Along with other things, 5 says FEDERAL gov must give you DP (PDP+SDP). 7) 14 th Amendment (1868) : Along with other things, 14 says STATES (+local gov) must give you DP (PDP+SDP: leading to incorporation )
  15. 15. Notes #18b , Title: “ Due Process Notes ” 8) Selective Incorporation : Extending parts of the BOR to states case by case thru 14th ( P+S DP ). 1: Gitlow v. NY (1925) 6: Gideon v. Wainwright (1963) 2 nd Amend. Just incorporated in 2010 in Chicago v. McDonald
  16. 16. FEDERAL STATE NATIONAL STATE NATIONAL STATE NATIONAL 1880-1860 1860-1930 1930-2000
  17. 17. 5 th Amendment (1891) : Nor shall be compelled in any criminal case to be a witness against himself , nor be deprived of life, liberty, or property, without due process of law ; nor shall private property be taken for public use , without just compensation a) Only accused can refuse to talk ( self-incrim ) b) Fed gov protect procedural+substantive DP c) Gov force you to sell to it your property, it can re-sell for common good ( eminent domain )
  18. 18. 14 th Amendment (1868) : All persons born or naturalized… are citizens of the United States…Nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person… equal protection of the laws. a) Ppl born here are citizens b) States protect procedural+substantive DP c) States give everyone equal treatment Reverse incorporation : 5 th SDP say Fed must give equal protection for all ppl too.
  19. 19. Review 1) Due Process (DP) : Legal concept that gov must respect your legal rights ( Magna Carta ). 2) Procedural Due Process : Legal concept that gov must follow pre-determined steps ( accepted ) 3) Substantive Due Process : Legal concept that the content of the law may not take way fundamental liberty ( strict int. reject S DP ) Lochner v. NY (1905) > Roe v. Wade (1973) 4) Fundamental Liberty : Bill of Rights (accepted), personal privacy: body + family issues (st int reject) 5) 5 th Amendment (1891) : Along with other things, 5 says federal gov must give you DP. 6) 14 th Amendment (1868) : Along with other things, 14 says states must give you DP.
  20. 20. Notes# 19a Title: DP Chart: What Is Fund Liberty? Fed must follow BOR (5 t:h: DP) 14 th A passes saying states must give due process (PDP+SDP) Courts begin incorporating parts of the BOR by saying that those rights are fund. rights (SDP), and can’t be taken way easily. Courts then expand SDP to include fund. rights they think ppl have that aren’t in the constit, like privacy and family rights.
  21. 21. Review Selective Incorporation : Extending parts of the BOR to states case by case thru 14th ( P+S DP ). 1: Gitlow v. NY (1925) 6: Gideon v. Wainwright (1963) 2 nd Amend. was just incorp. in 2010 in McD v Chicago
  22. 22. Journ #19a , “ Incorporation Debate ” 1) Read the 2 sides, choose 1 side, and write which you choose and explain why . 2) Then write down what your partner thinks ( include their name at the end ). 1 2 3 4 5 CON: The Bill of Rights was written to protect from Fed gov, not state 1) The framers wanted to keep state power, not twist it words to limit it 2) State’s own state constitutions protect ppl PRO: Of course state/local gov must obey the most the Bill of Rights 1) The BOR is list of fund. liberties. 2) All govs must be kept from being abusive
  23. 23. Journ #19b , Title “ Gideon v. Wainwright ” 1) Copy Source Title: Annenberg 2…) Discuss questions on the board with a partner. Summarize your discussion ( include their name at the end ). Remember participation points are deducted if off task. 5 Reading/Film Qs Come From These Work Sections
  24. 25. Journ #19c , “ SDP Beyond BOR Debate ” 1) Read the 2 sides, choose 1 side, and write which you choose and explain why . 2) Then write down what your partner thinks ( include their name at the end ). 1 2 3 4 5 CON: Fund liberties extend beyond the BOR 1) Constitution is the starting place, clearly we should have a right to privacy and more 2) Judges are there to protect us from an unfair “mob-ocracy” PRO: Fund liberties are limited to the BOR 1) Judges should follow the words of the Constitution 2) If people want more rights, they can democratically pass amendments
  25. 26. Notes #19b , Title: “ Due Process Notes ” 1) Strict Scrutiny : No right absolute, court develop this due process to ok taking of rights: a) Gov has a compelling reason (public safety compels action) b) Only way possible c) Done in the most narrow means (We will see strict scrutiny again as a 3 level test when it comes to equal protection of the law)
  26. 27. Journal #19d , Title “ Moot Court Prep ” FILL-IN (a_) v. FILL-IN (r_) 1) Everyone outline in journal: CASE OUTLINE i) Greeting Statement (prescribed) ii) Issue Statement iii) Facts of the Case iv) Legal Arguments (3 bullets) SKIP: Possible Rebuttals 2) Write down your role , now script what you plan to say during the case (30 sec-1 min each), work as a team 14 th Amendment “ No state shall deprive any person of life, liberty, or property, without due process of law.” SDP Cases: 1) convince them it’s a fund liberty 2) convince gov didn’t pass 3 part test to take lib away ROLES 1a) Greeting Statement 1b) Issue Statements 1c) Facts 2) Initial Arguments (2x if 5)- 1m 3) Rebuttals -1m 4) Closing Stmt (+ judge’s q’s ) Judges special, see Chiang.
  27. 32. Notes# 19a Pro- Abortion Side Anti- Abortion Side 1) Prove the action is a “fundamental” liberty 2) Prove the gov did NOT pass ALL 3 parts “strict scru” test 2) Or prove that the gov did pass ALL 3 parts “strict scru” test 1) Prove the action is NOT a “fundamental” liberty OR/AND AND
  28. 33. Journal #20a , Title “ Due Process Review ” 14 th Amendment “ No state shall deprive any person of life, liberty, or property, without due process of law.” SDP Cases: 1) convince them it’s a fund liberty 2) convince gov didn’t pass 3 part test to take lib away Oral Argument Structure 1) Greeting Statements (both sides come up) 2) Issue Statements (both sides come up) 3) Facts (both sides come up) 4) Initial Arguments (appellant first, respondent second) 5) Rebuttals (appellant first, respondent second) 6) Closing Statements(both sides come up) 1a) Case name, basic facts 1b) + :compliment, – :improve, your decision 1c) real outcome of the case. 2…4c) EC for group winners and best indiv argue
  29. 34. 1c) Roe v Wade: Abortion in fund right 2c) Bellotti v Baird (minor) : Minor have right to get abortion without parental approval 3c) Planned Parenthood v Casey: Wifes have right not to tell husband 4c) Stenberg v Carhart : Partial birth abortion procedure part of fund right (in 2007, SCOTUS reverses 5-4, banning partial birth abortions)
  30. 35. Norma McCorvey (Jane Roe)
  31. 36. Journ #21a , Title “ Roe v. Wade ” 1) Copy Source Title: 12 & Delaware 2…) Discuss questions on the board with a partner. Summarize your discussion ( include their name at the end ). Remember participation points are deducted if off task. 5 Reading/Film Qs Come From These Work Sections
  32. 37. Homework: 1) Study today’s notes + journal sections for a possible journal quiz . 2) Pick and listen to your 4 news podcast by next Monday. Journal Check: If your name is called, drop off your journal with Mr. Chiang ( if requested, points lost if your journal is not turned in )

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