IMPLIED FUNDAMENTAL RIGHTS

Question 1

The Slaughter House Cases - Refused to adopt natural rights into privileges or immunities clause

Answer 1

The court limited the clause to such privileges and immunities as are specifically designated in the Constitution or previously applied as belonging to citizens before the adoption of the 14th Amendment. These rights include the right of habeas corpus, the right to interstate travel, the right to peaceful assembly, and the right to use navigable waters.

Question 2

Selective Incorporation (modern approach)

Answer 2

The view that the Court should make separate determinations about whether individual provisions in the bill of rights were incorporated. Once a right is incorporated, its scope was fully determined by the scope of the bill of rights protection. The Court has utilized selective incorporation to incorporate almost all of the bill of rights protections against the states. The principal protections that have not been incorporated are the seventh amendment right to a civil jury and the fifth amendment right to a grand jury indictment.

Question 3

Procedural Due Process

Answer 3

refers to procedures that the government must follow when it deprives persons of life, liberty and property. Requires the government to give the person notice and a chance to be heard.

Question 4

Substantive Due Process

Answer 4

the 5th and 14th amendments require all governmental intrusions into fundamental rights and liberties be fair and reasonable and in furtherance of a legitimate governmental interest.

Question 5

Crawford v. Marion County (Constitutional for voters to have to show photo ID)

Answer 5

upheld the constitutionality of the photo ID requirement, finding it closely related to Indiana’s legitimate state interest in preventing voter fraud, modernizing elections, and safeguarding voter confidence.

stated that the burdens placed on voters are limited to a small percentage of the population and were offset by the state’s interest in reducing fraud.

Counter argument - Unreasonably burdensome for some voters who are too poor and old

Question 6

Due Process v. Equal Protection

Answer 6

Due Process - the law denies a right to everyone

Equal protection - the law denies the right to some based on classification of person