Exam 2 Study Guide

Exam 2 Study Guide - Lesson 04: Substantive Due Process The...

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Lesson 04: Substantive Due Process The Two Due Process Clauses in the Constitution Fifth Amendment: No person shall be deprived of life, liberty, or property without due process of law. (1791) Fourteenth Amendment: No state shall deprive any person life, liberty, or property without due process of law. (1868) Timeline of Application of Due Process to States - Incorporation 1971 Bill of Rights is ratified. Applies only to the Federal government 1833 USSC says that the Bill of Rights does NOT apply to state governments. 1861 – 1865 Civil War 1865 13 th Amendment abolishes slavery, and Civil Rights Law gets passed 1868 14 th Amendment passed: No state shall deprive any person of life, liberty, or property without due process of law. Many believe that it was passed to make sure that the Civil Rights Act was enforced. However, Courts still do not force states to apply the constitution. 1905 – Lochner Case First time the Courts use the 14 th Amendment. Strikes down economic issues 1905 – mid 1930s Court continues to strike down these kind of laws Roosevelt’s Court Packing Plan Mid 1930’s Court stops striking down Lochner laws Court starts using DP clause to protection individual liberties 1930s – 1960s Court looks at Bill of Rights to see if each right should be incorporated We will never have total incorporation. (About 90% have been) Instead we have selective/partial incorporation Decides cases versus the states on broad standards States can give you more rights in their own constitution, but not less than the federal government.
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PA gives people more rights in terms of Search and Seizure – Has no “good faith exception” Two Kinds of Due Process Substantive Due Process Does the government even have a right to intervene and make a law in this case Procedural Due Process Government must follow certain steps before they can deny you of your rights. The amount of procedures/protections due to a person depends on what is at stake Ex: Death penalty cases have the most procedures. Ex: issues involving search and seizure, right to jury trial; arrest Lochner v. People of State of New York (1905) Facts: The state of New York enacted a statute forbidding bakers to work more than 60 hours a week or 10 hours a day. Issue: Does the New York law violate the liberty protected by due process of the 14 th Amendment? Finding: 5-4 (Written by Peckham) – NY’s regulation of working hours of bakers was not a justifiable restriction of the right to contract freely under the 14 th Amendment’s guarantee of liberty.
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Exam 2 Study Guide - Lesson 04: Substantive Due Process The...

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