FINAL Flashcards
Guidelines for taking a case
Case must be real, and the individual must have the standing to sue
Standing to sue
-legal justification
-amendment violated
-real person who suffers injury: physical injury or violation of your rights
-have to have a law and the law must be violated
-a person has to be prosecuted and found guilty
-challenge based on legal justice
NOT standing to sue
-Law not violated, but they’re are grotesque
-Case cannot be hypothetical (MUST be REAL)
Ripe
The case has exhausted its lower court ruling so you have to go to your state and federal courts before the supreme
Moot
Already answered. The court has to disagree with the lower courts ruling, no reason to take a case when they already agree with the lower courts
Civil Liberties
A person’s individual protection from government
who is protected?
Originally:
-Only protected from Federal Government and not State Government
-So, individuals were not necessarily protected from abuse by their State Governments
-State would have to adopt their own Bill of Rights
Baron v Baltimore (1833)
Supports the position that your federal civil liberties only apply to the federal government. Only protected by the federal government, not by the states.
Baron v Baltimore (1833) Story
-Barron had a dock; this dock was used for Barron to earn money to feed his family.
-Boats would park there, load and unload, and paid to do so
-Baltimore installed this current changer, which brought in too much soot near his dock so people stopped coming
-Barron argued, to the Supreme Court that Baltimore took his private property without compensation under the 5th Amendment.
Baron v Baltimore (1833) Rule
Supreme Court: Ruled he did not have standing to sue because this was the State government’s job, not the Federal Government (people were not protected from the state)
14th amendment (1868)
Consists of who was born a citizen under the constitution, born and naturalized.
A state may not deprive a person of the right to live, may not deny their right to life liberty and property
14th amendment (1868)
-due process
-equal protection
-selective incorporation
Due process clause
the government must go through proper procedures to take away rights
- Like having an attorney
- Government needs a warrant
a state may not deprive a person of their right to life, liberty, and property without due process of law.
The government must go through proper procedures before they take away your rights
Equal protection clause
the state may not deny a person of equal protection under the law…the law needs to be administered equally. Within the boundaries of the US, they are guaranteed protection.
Selective Incorporation
Over a period of time, the courts will apply Federal Civil Liberties to States
- Courts can’t speak on other civil liberties because it hasn’t been brought to them
- Gitlow violated free speech amendment protections
- Court can’t discuss religion because the case isn’t about that (only violated speech)
Gitlow vs. New York (1925) story
-Gitlow was an individual who was eccentric, vocal, considered the town crazy person. He would stand on the street, scream about politics, and hold signs. Talked to people who walked by and believed that people should rise up and overthrow the government. He started handing out pamphlets on how to overthrow the government.
-He was arrested and he argued that the government cannot imprison him because he had protection from the 1st Amendment, freedom of speech.
