PSC 2302 - F07 - PPT Exam 2

PSC 2302 - F07 - PPT Exam 2 - Individual Rights and the...

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Unformatted text preview: Individual Rights and the American Consitution The Bill of Rights and State Law Barron v. Baltimore (1833) Unanimous Court: The Bill of Rights is not intended to be a limitation of state power The 14 th Amendment Civil Rights Act of 1866 Gives primary responsibility of protecting rights to states. In the case of failure to do so, the Congress is given power to protect them. Three components: Privileges and Immunities of Citizens of the United States Due Process of Law Equal Protection of the Law Does the Amendment do more than protect the rights of black citizens? Incorporating the Bill of Rights Incorporation: The application of some portion of the Bill of Rights to the states. Vehicles for Incorporation: Privileges and Immunities: Rejected by the Court in the Slaughter-House Cases (1873) Due Process has been the favored vehicle for incorporation Fundamental Rights Interpretation Justice Benjamin Cardozo in Palko v. Conn. (1937): Includes those principles inherent in the concept of ordered liberty. May not all be listed Does not necessarily require the same policies at the state and national levels: Bill of Rights is only a guide Allows for innovations Two Criticisms: Leaves the Court free to impose its own notions of justice Does not comport with the original understanding of the Amendment Total Incorporation 14 th Amendment, through Due Process, applies the Bill of Rights to the states in its entirety Applies same standards to nation and states alike Associated with Justice Hugo Black: Claims that it avoids the judicial subjectivity Three Criticisms: Does not avoid subjectivity Merely restates one part of the 5 th Amendment Ignores state innovation Selective Incorporation Not everything enumerated in the constitution is fundamental. Identifies which rights in the Bill of Rights are fundamental and applies them to the states Applies same standard to nation and states in these cases Also recognizes some unenumerated fundamental rights Associated with Justice William Brennan Two Criticisms: Too subjective Ignores state innovation Reflects the actual practice of the Court Substantive Due Process Due Process and Equal Protection are conceived as procedural protections Privileges and Immunities provides substantive protection Interrelation of the three P&I: Identifies substantive rights to be protected Equal Protection: Bars legislative discrimination in the protection of rights Due Process: Provides procedural safeguards in the enforcement of rights Without P&I, what rights are to be protected? Substantive Due Process...
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This note was uploaded on 05/03/2008 for the course PSC 2302 taught by Professor Dr.riley during the Fall '08 term at Baylor.

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PSC 2302 - F07 - PPT Exam 2 - Individual Rights and the...

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