Individual Rights and the Constitution Flashcards
14th Amendment citizenship clause
“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.
What does the citizenship clause of the 14th Amendment grant?
This grants all people both federal citizenship and state citizenship.
14th Amendment Privileges or Immunities Clause
No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the US
What does the Privileges or Immunities Clause say?
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.
14th Amendment Due Process Clause
Nor shall any state deprive any person of life, liberty, or property, without due process of law
14th Amendment Equal Protection Clause
Nor deny any person within its jurisdiction the equal protection of the laws
Privileges AND immunities clause
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.
Explain Barron v. Baltimore
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.
Holding of Barron v. Baltimore
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.
Explain the slaughter house cases.
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.
Holding of Slaughterhouse
PoI does not apply to the states and PoI was only intended to protect rights of being a federal citizen.
What are some rights of a federal citizen
- Right to go to seat of government
- Right to assemble at government
- Right to use waterways
- Right to protect yourself from foreign enemies.
Dissent of Slaughterhouse
Majority renders PoI completely irrelevant so why would the framers have even put that in if it was irrelevant.
Explain Saenz v. Roe
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.
What are the three tests with how to provide state citizens with the Bill of Rights?
- Fundamental to Liberty and Justice
- Very Essence of a Scheme of Ordered Liberty
- Fundamental Fairness
What is the Fundamental to Liberty and Justice test
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.
Explain Twinning v. NJ
NJ statute allowed jury to draw unfavorable inference from defendant who failed to testify. Challenged the law as a violation of 14th Amendment.
Holding in Twinning
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.
What is the very essence of a scheme of ordered liberty test?
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?
Explain Palko v. CT
Palko charged with murder and convicted. State allows prosecution to appeal and Palko claims double jeopardy.
Holding of Palko
5th amendment does not apply to the states because there is no history of protection and not rooted in Nation’s history.
What is the fundamental fairness test?
Whether the state action offended those canons of decency and fairness which express the notions of justice of English speaking peoples.
What justice came up with the fundamental fairness test?
Frankfurter
What justice came up with the total incorporation standard?
Black
Explain total incorporation standard
incorporate everything because Frankfurter plan gave the courts too much power to expand and contract
Explain Adamson v. CA
Defendant on trial for murder and chose not to testy and jury inferred guilty and defendant was found guilty.
Explain Duncan v. LA
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?
Holding of Duncan v. LA
6th applies to the states through the 14th Amendment.
What case shows up the fundamental to liberty and justice test?
Twinning v. NJ
What cases shows us the very essence of a scheme of ordered liberty test?
Palko v. CT
What case shows us the fundamental fairness vs. total incorporation?
Adamson v. CA
