Constitutional Interpretation (1/24) Flashcards
Writ of Habeas Corpus
Document filed by incarcerated persons challenging the lawfulness of their detention.
Bill of Attainder
Punishes individuals guilty of crime w/o trial.
Limitations on Federal Authority expressed in Article 1 §9 of the U.S. Constitution
Prohibits suspension of Writs of Habeas Corpus:
- Defendants should have the right to challenge the lawfulness of their detention.
Prohibits Bills of Attainder and Ex-Post Facto Laws:
- Defendants should have the right a fair and speedy trial (6th Amend.) before facing criminal punishment.
- Defendants should not face retroactive criminal penalties for doing actions when they weren’t a crime.
Anti-Federalist
People who believed forming a central, federal govt. would inevitably lead to abuses of power from the federal govt.
Refused to ratify the U.S. Constitution until provisions were made protecting their fundamental rights (aka, Bill of Rights).
Natural Law
Universal, immutable, everlasting law-like standards that defines principles of right and wrong, regardless of what a given statute says at any time and place.
Problem w/ Natural Law
No defined limits by the Constitution on natural law.
Justice Iredell (paraphrasing): ‘There is no standard by which to test natural law…Don’t you agree that when we talk about natural law, we’re relying on our own intuitions about morality–what’s right and wrong?’
Positive Law
Law developed by a well-defined law making process.
E.g. The Constitution
Total Incorporation
Theory that all of the first 8 amendments of the Bill of Rights are carried over into Due Process Clause of the 14th Amendment.
Position that Justice Black took in the Adamson v. California ruling.
Selective Incorporation
Theory that only select provisions from the first 8 amendments are carried over into Due Process Clause of the 14th Amendment.
Position that Justice Frankfurter took in Adamson v. California Ruling.
50 years before and in the decade following the Adamson v. California Ruling, the Court decided that ‘virtually’ _______ of the first _____ amendments apply to the ______ _________ ____________ of the ______ Amendment, with the exceptions of…
all; 8; Due Process; 14th;
3rd Amendment Right to protection against quartering soldiers in the home.
5th Amendment Right (§1) for defendant to be indicted by a grand jury.
7th Amendment Right to Trial by Jury in federal court during civil proceedings where value of controversy exceeds $20.
