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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 opinionmajority opinion, unsigned opinion by the court Justices are so divided on the reasoning, that they just announce the outcome Plurality opinionopinion joined by more than one member of the court but not a majority; represents the leading coalitions opinion Issued when there is no majority on the opinion; 3 justices if the Supreme Court *Pay close attention to the types of opinions were reading RECAP Bill of Rights did not originally apply to the states Confirmed in Barron v. Baltimore 5 th amendment doesnt apply to Maryland Opinion throughout civil war Due Process Clauses of 5 th and 14 th AmendmentsCant deprive a person of life, liberty, or property without due process 1857 before civil warnotion 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 Processcertain things the government just cant do, protected against government action; doesnt matter the procedure they just cant do it First clear substantive due process decision: Dredd Scott v. Sanfordcourt 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 doesnt 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. 1873refusal to do it all at one time; Justice Blacks argument Late 1950s1 st amendment freedom of association is incorporated into the states 1961exclusionary rule of 4 th amendment is incorporated into the states 19628 th amendment ban on cruel and unusual punishment is incorporated against 1968Duncan 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 20102 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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- Fall '11