Transcript
Good Day!
DRAW A LINE SEPARATING TODAY & YESTERDAY1) Write: Date: 09/17/09, Topic: Due Process2) On the next line, write “Opener #14” 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: NoneIntro Music: Untitled
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.
Agenda1) Due Process
What you will be able to do:1) What is due process?
Reminder1) Today’s Constitution Day (1787)
Notes #14a, Title: “Due Process Notes” 1)
Constitution
A1: Congress
A1S8C1: Tax +Spend
A2: President
A3:Fed Courts
A1S8C3Interst.
Commer.
Veto + carrying out laws
Ex Orders + Sign.
Statements
Judicial Review
Subst. DP
Rule of Law (but NASCAR style)
Notes #14a, 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) 5th Amendment (1791): Along with other things, 5 says
federal gov must give you DP.7) 14th 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)
Notes #14a, Title: “Due Process Notes” 2) Due Process (DP): Legal concept that gov
must respect your legal rights (Magna Carta).
Notes #14a, 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 the content of the law may not take way fundamental liberty (strict int. reject S DP)
Lochner v. NY (1905) > Roe v. Wade (1973)
Notes #14a, Title: “Due Process Notes” 5) Fundamental Liberty: Bill of Rights (accepted),
personal privacy: body + family issues (st int reject)
Work #14a, “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
Notes #14b, Title: “Due Process Notes”
6) 5th Amendment (1791): Along with other things, 5 says federal gov must give you DP.
7) 14th Amendment (1868): Along with other things, 14 says states must give you DP (leading to incorporation)
5th 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 DPc) Gov force you to sell to it your property, itcan re-sell for common good (eminent domain)
14th 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 citizensb) States protect procedural+substantive DPc) States give everyone equal treatment
Reverse incorporation: 5th SDP say Fedmust give equal protection for all ppl too.
Notes #14b, Title: “Due Process Notes” 8) Selective Incorporation: Extending parts of theBOR to states case by case thru 14th (P+S DP). 1: Gitlow v. NY (1925) 6: Gideon v. Wainwright
(1963)
2nd Amend.has not yetbeenincorporated.
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 state1) 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 Rights1) The BOR is list of fund. liberties.
2) All govs must be kept from being abusive
Review2) 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) 5th Amendment (1791): Along with other things, 5 says
federal gov must give you DP.7) 14th 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)
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.
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