Good Day! DRAW A LINE SEPARATING TODAY & YESTERDAY 1) Write: Date: 09/18/09 , Topic: Due Process 2) On the next line, write “ Opener #15 ” and then: 1) Plot your mood, reflect in 1 sent . 2) Respond to the opener by writing at least 2 sentences about : Your opinions/thoughts OR/AND Questions sparked by the clip OR/AND Summary of the clip OR/AND Other things going on in the news. Announcements: None Intro Music: Untitled
Agenda 1) Due Process, Part 2 What you will be able to do: 1) When can the gov violate due process? Reminder 1) .
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 (1791) : 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.
5 th Amendment (1791) : 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 )
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.
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. has not yet been incorporated.
Notes# 15a Title: DP Chart Fed must follow BOR (5 th ) 14 th A passes saying states must give due process (PDP>SDP) Courts begin incorporating parts of the BOR, some thru PDP, some thru SDP Courts then expand SDP to include personal privacy, the substance of laws can’t deny personal privacy (Lochnerizing)
Work #15a , “ 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
Work #15b , 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
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 BOR SDP (precedent): Make sure govs (state/fed) don’t violate what court decide are fund. liberties.
Notes #15b , Title: “ Due Process Notes ” 1) Strict Scrutiny : No right absolute, over series of cases, legal test to take way fund freedom: a) Gov has a compelling reason 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)
Work #15c , Title “ Roe v. Wade ” With a partner, draft the following moot court argument: 1) Greeting Statement (copy from Cornell handout) 2) Issue Statement (paraphrase from Roe handout) 3) Facts of the Case (summarize from Roe handout) 4) Legal Argument for your side 14 th Amendment : “ shall any State deprive any person of life, liberty, or property, without due process of law” Strict Scrutiny : a) Gov has a compelling reason b) Only way possible c) Done in the most narrow means
Workbook peer check: Have your partner look at your notebook to see if the formatting is correct, get their signature under Work#5a
Workbook Check: Remember you workbook is turned in each marking period for 100 points! Homework: 1) No homework.