21 - November 21, 2007 Liberty and Privacy: US Supreme...

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November 21, 2007 Liberty and Privacy: US Supreme Court Cases What are the limits of liberty and what are the limits on the authority of democratic government? Reading Court Cases o Facts of the case o Legal questions and constitutional grounds o Majority and dissenting opinions o Separate opinions within the majority and dissent usually emphasize different reasons for opinion o Constitutional text and legal precedent Substantive Due Process o Due process is mostly concerned with the 5 th and 14 th Amendments – the due process clauses o Fifth Amendment: No person shall be held to answer for a capital, … nor be deprived of life, liberty, or property, without due process of law; o Applies to what level of government? o Fourteenth Amendment: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of 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 within its jurisdiction the equal protection of the laws. o Applies to what level of government? o
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This note was uploaded on 03/23/2008 for the course MC 201 taught by Professor Lynnscott during the Fall '08 term at Michigan State University.

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21 - November 21, 2007 Liberty and Privacy: US Supreme...

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