Chapter 20 Notes

Question 0

Two forms of the 5th and 14th amend:

• _____:law must be fair and equal.
  
  • pierce v.society of sisters, 1925
• _____: the procedure of carrying out laws
  
  • Rochin v. California, 1952

Answer 0

• Substantive Due Process

- Procedural Due Process

Question 1

5th and 14th amendment:

Answer 1

The gov must give you all your rights and work within the established rules.

Question 2

Common areas of conflict for 5th and 14th amendment:

Answer 2

• police power: the authority of each state to act or protect the health, safety, and morals of its people. It often conflicts with civil liberties and courts must find balance.
  
  • schmerber v. California, 1966
• privacy: not specifically mentioned in the constitution.
  * griswold v. Connecticut, 1973
  * Roe v. Wade, 1973

Question 3

13th amendment:

Answer 3

Sec 1: abolished slavery and involuntary servitude.

Sec 2: gave the Congress the right to pass whatever laws necessary to uphold section 1.

Question 4

2nd amendment:

- which court case?

Answer 4

The right to keep and bear arms.

  - United States v. Miller, 1939
  - D.C. v. Heller, 2008

Question 5

3rd amendment:

Answer 5

Can’t force you to house soldiers in your home.

Question 6

4th amendment:

• exceptions
• which court cases:

Answer 6

No unreasonable search and seizure. Write of assistance: blanket warrants that allowed people to search anywhere. 4th amendment guarantees- no unreasonable search and seizure, must have a search warrant, must be based on probable cause.

• exceptions: plain view, during an arrest for officer safety.
• Wyoming v. Houghton, 1999

Question 7

Exclusionary rule of the fourth amendment:

-NOT ABSOLUTE:

Answer 7

Illegally obtained evidence can’t be used in court.

• established in the Week v. United States, 1914: narcotics case.
• mapp v. Ohio, 1961
• inevitable discovery (nix v. Williams, 1948)
• good faith (United States v. Leon, 1984)
• honest mistakes (Maryland v.Garrison, 1987)