The 14th Amendment Flashcards
What is the rule from the Slaughter-House Cases (1873)?
The Privileges or Immunities clause only affords protection against the Federal Government, not any state government.
NOT GOOD LAW.
What is the rule from Saenz v. Roe (1999)?
A state violates the Fourteenth Amendment’s Privileges or Immunities Clause by limiting welfare benefits based on a person’s status as a new resident.
What is the rule from Brown v. Mississippi (1936)?
The Due Process Clause of the Fourteenth Amendment requires that state action be consistent with fundamental principles of liberty and justice.
What is the rule from Twining v. New Jersey (1908)?
The Due Process Clause of the Fourteenth Amendment requires that state action be consistent with fundamental principles of liberty and justice.
NOT GOOD LAW.
What is the rule from Palko v. Connecticut (1937)?
A state law allowing the prosecution to appeal the results of a criminal conviction by jury trial does not violate the Due Process Clause of the Fourteenth Amendment.
NOT GOOD LAW.
What is the rule of Duncan v. Louisiana (1968)?
The Sixth Amendment right to a jury trial applies to state court proceedings through the Fourteenth Amendment.
What is the rule of District of Columbia v. Heller (2008)?
Subject to certain safety limitations, the Second Amendment to the United States Constitution creates an individual right to keep and bear arms apart from any military purpose.
What are the two prongs of incorporation?
1) A moral prong
2) A historical prong
What are the three prongs of the Due Process Clause?
1) Life
2) Liberty
3) Property
Can the state provide greater protections than required by the Federal Constitution?
Yes, the Federal Constitution sets a floor of behavior, not a ceiling.
Exception: If the increased protections would infringe on another protected right, that would be impermissible.
What was the Lochner era?
The Lochner era was a period of time where the Supreme Court was highly protective of economic freedoms through the Due Process clause.
When did the Lochner era end?
The Lochner era ended at roughly the same time the Laissez Faire approach to the Commerce Clause ended.
What is the rule of Allgeyer v. State of Louisiana?
The freedoms protected by the Due Process Clause of the Fourteenth Amendment include economic freedoms and prohibit a state from preventing its citizens from contracting with foreign insurance companies to insure property located within the state.
What is the rule of Lochner v. New York (1905)?
A state may not regulate the working hours mutually agreed upon by employers and employees as this violates their Fourteenth Amendment right to contract freely under the Due Process Clause.
THIS IS NOT GOOD LAW.
What is the rule of Nebbia v. New York (1934)?
Without the presence of other constitutional prohibitions, the Due Process Clause of the Fourteenth Amendment does not prevent states from enacting economic policies such as price regulations to further the public good as long as those policies are not unreasonable or arbitrary.
