Individual Rights and the Constitution

Question 1

14th Amendment citizenship clause

Answer 1

“All persons born or naturalized in the US, and subject to the jurisdiction, are citizens of the United States and of the state where they reside.

Question 2

What does the citizenship clause of the 14th Amendment grant?

Answer 2

This grants all people both federal citizenship and state citizenship.

Question 3

14th Amendment Privileges or Immunities Clause

Answer 3

No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the US

Question 4

What does the Privileges or Immunities Clause say?

Answer 4

There are certain constitutional rights that you get by being a citizen and states cannot just infringe on certain rights that belong to federal citizenship.

Question 5

14th Amendment Due Process Clause

Answer 5

Nor shall any state deprive any person of life, liberty, or property, without due process of law

Question 6

14th Amendment Equal Protection Clause

Answer 6

Nor deny any person within its jurisdiction the equal protection of the laws

Question 7

Privileges AND immunities clause

Answer 7

protects the rights of citizens of a state. This clause ensures that citizens of each state have the same rights as citizens of other states.

Question 8

Explain Barron v. Baltimore

Answer 8

Barron had piers. Baltimore had undertaken massive construction and ultimately made the pier unusable. Wharf men sue Government for taking property in violation of the 5th amendment.

Question 9

Holding of Barron v. Baltimore

Answer 9

BoR only applied to the federal government and state citizens do not have those rights. Until the 14th amendment it was believed that the first ten amendments only applied to the federal government and states could violate any of those.

Question 10

Explain the slaughter house cases.

Answer 10

This case NARROWLY interpreted PoI to protect only a few specified rights. State statute passed to give slaughter house exclusive right to engage in business and the butchers sued claiming it violated their 13th and 14th amendments.

Question 11

Holding of Slaughterhouse

Answer 11

PoI does not apply to the states and PoI was only intended to protect rights of being a federal citizen.

Question 12

What are some rights of a federal citizen

Answer 12

1. Right to go to seat of government
2. Right to assemble at government
3. Right to use waterways
4. Right to protect yourself from foreign enemies.

Question 13

Dissent of Slaughterhouse

Answer 13

Majority renders PoI completely irrelevant so why would the framers have even put that in if it was irrelevant.

Question 14

Explain Saenz v. Roe

Answer 14

CA law said if you move from another state during your 1st year as a CA citizen you only get the benefits from other state.

Question 15

What are the three tests with how to provide state citizens with the Bill of Rights?

Answer 15

1. Fundamental to Liberty and Justice
2. Very Essence of a Scheme of Ordered Liberty
3. Fundamental Fairness

Question 16

What is the Fundamental to Liberty and Justice test

Answer 16

if the right is a fundamental principal to liberty and justice, which inheres in the very idea of free government ,then it will be incorporated to state citizens from BoR.

Question 17

Explain Twinning v. NJ

Answer 17

NJ statute allowed jury to draw unfavorable inference from defendant who failed to testify. Challenged the law as a violation of 14th Amendment.

Question 18

Holding in Twinning

Answer 18

5th amendment right against self incrimination does not apply to the states because the privileges or immunities clause didn’t extend them so it fails the fundamental liberty and justice test.

Question 19

What is the very essence of a scheme of ordered liberty test?

Answer 19

Is the right of the very essence of a scheme of ordered liberty and is it so rooted in our Nation’s conscience and tradition to be ranked as fundamental?

Question 20

Explain Palko v. CT

Answer 20

Palko charged with murder and convicted. State allows prosecution to appeal and Palko claims double jeopardy.

Question 21

Holding of Palko

Answer 21

5th amendment does not apply to the states because there is no history of protection and not rooted in Nation’s history.

Question 22

What is the fundamental fairness test?

Answer 22

Whether the state action offended those canons of decency and fairness which express the notions of justice of English speaking peoples.

Question 23

What justice came up with the fundamental fairness test?

Answer 23

Frankfurter

Question 24

What justice came up with the total incorporation standard?

Answer 24

Black

Question 25

Explain total incorporation standard

Answer 25

incorporate everything because Frankfurter plan gave the courts too much power to expand and contract

Question 26

Explain Adamson v. CA

Answer 26

Defendant on trial for murder and chose not to testy and jury inferred guilty and defendant was found guilty.

Question 27

Explain Duncan v. LA

Answer 27

D not given jury trial by state law and we have to ask if the 6th amendment right to trial applies to states through the 14th Amendment?

Question 28

Holding of Duncan v. LA

Answer 28

6th applies to the states through the 14th Amendment.

Question 29

What case shows up the fundamental to liberty and justice test?

Answer 29

Twinning v. NJ

Question 30

What cases shows us the very essence of a scheme of ordered liberty test?

Answer 30

Palko v. CT

Question 31

What case shows us the fundamental fairness vs. total incorporation?

Answer 31

Adamson v. CA