pol353classnotes - Day 3 22:51*look up all the other types...

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Unformatted text preview: Day 3 22:51 *look up all the other types of opinions bc late to class Per curium opinion—majority opinion, unsigned opinion by the court Justices are so divided on the reasoning, that they just announce the outcome Plurality opinion—opinion joined by more than one member of the court but not a majority; represents the leading coalition’s opinion Issued when there is no majority on the opinion; 3 justices if the Supreme Court *Pay close attention to the types of opinions we’re reading RECAP Bill of Rights did not originally apply to the states Confirmed in Barron v. Baltimore 5 th amendment doesn’t apply to Maryland Opinion throughout civil war Due Process Clauses of 5 th and 14 th Amendments—Can’t deprive a person of life, liberty, or property without due process 1857 before civil war—notion that a constitutional protection of due process of law means more than just making sure that the law follows the proper procedure— Procedural Due Process Substantive Due Process—certain things the government just cant do, protected against government action; doesn’t matter the procedure they just can’t do it First clear substantive due process decision: Dredd Scott v. Sanford—court strikes down parts of the Missouri Compromise Problem was that it deprived slaveholders of their property rights without due process of law The federal government doesn’t have the power to set slaves free *beginning of Civil War---PRIOR to the 14 th amendment 1873 Slaughterhouse Cases Lawyers start arguing that there are fundamental principles of liberty and justices IF SO then it is covered by the Due Process Clause Court is nationalizing the Constitution piece by piece…. 1873—refusal to do it all at one time; Justice Black’s argument Late 1950s—1 st amendment freedom of association is incorporated into the states 1961—exclusionary rule of 4 th amendment is incorporated into the states 1962—8 th amendment ban on cruel and unusual punishment is incorporated against 1968—Duncan v. Louisiana abstract debates; right to a jury trial is a fundamental principle of liberty and justice; 6 th amendment right to a jury trial is incorporated into the states 2010—2 nd amendment right is a right implicit in ordered liberty and the majority opinion rules it now applies to the states under the 14 th amendment; Thomas is the ONLY one calling for total incorporation (McDonald v. Chicago) uncertainty is WHAT part of the 14 th amendment is it a part of?...
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This note was uploaded on 01/19/2012 for the course POL 353 taught by Professor Dameron during the Fall '11 term at Miami University.

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pol353classnotes - Day 3 22:51*look up all the other types...

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