-2-3 pages long. Double-spaced and 12pt. font.-Reaction paper on the 14th Amendment to the U.S Constitution. Things to consider writing about: Selective Incorporation, Procedural Due Process, Substantive Due Process, Equal Protection.- Reaction paper:personal opinion and conclusions on a given article or abstract.-My beliefs are pro bill of rights and pro 14th amendment.
Chapter One Chapter One-Week 4 History, Structure, and Content of the U.S. Constitution Announcements-Week 4 Critical Thinking Exercise Assignment Week 4 Review and Test Next week Exam Open Monday 8 a.m. until Friday, Sept. 25th at Midnight Review Distributed Friday, Sept. 18th Reaction Paper and Critical Thinking Essay due no later than midnight Friday, Sept. 25th The Incorporation Doctrine & The 14th Amendment Because the Supreme Court held in Barron v. Baltimore (1833) that the BOR did not apply to the states Citizens had no protection from abuses by state governments and their agencies The “due process” clause of the 14th Amendment would begin applying BOR guarantees to the states Through a process called “selective incorporation” The 14th Amendment One of three Amendments resulting from the Civil War 13th, 14th, and 15th Amendments Referred to as the “Civil War Amendments” Defined all persons born in or naturalized as citizens of U.S. and the state in which they live Prohibited states from abridging rights of U.S. citizenship Applied due process to the States Guaranteed Equal Protection The 14th Citizenship/Privileges & Immunities “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States . . .” The 14th Amendment— Equal Protection “No State shall . . . deny to any person within its jurisdiction the equal protection of the laws” Ensures that all persons will be treated equally under the law Regardless of race, gender, etc. The 14th Amendment—Due Process “No State shall . . . deprive any person of life, liberty, or property, without due process of law . . .” Basis for the “Incorporation Doctrine” Application of most, but not all, BOR guarantees to the states Over a 90 year period Due process guarantee against federal government contained in the 5th Did not apply to the states The 14th Amendment— Due Process/Incorporation The Supreme Court declined to apply the entire BOR guarantees to the states following the ratification of the 14th Amendment The Court took rights on a case by case basis to see if the right at issue was one that was “deemed fundamental” to the American system of Justice Applied to both criminal rights and civil liberties The 14th Amendment— Due Process/Incorporation Rights continued to be applied to the states through the 1960’s, e.g.: Benton v. Maryland (1969) (Double Jeopardy) Mapp v. Ohio (1961) (Exclusionary Rule) Miranda v. Arizona (1966)(Confessions) Primary criminal rights still unincorporated— Right to an Indictment (5th Amendment) Bail (8th Amendment) (status unclear) The 14th Amendment— Due Process/Incorporation Where rights have been incorporated States can provide greater but not lesser rights than those guaranteed by the U.S. Constitution Texas often provides greater rights, e.g. Extension of the exclusionary rule to private individuals Non-recognition of many exceptions to the exclusionary rule Additional warning provision in confessions Sobriety checkpoints—Texas & 11 other states Two Types of Due Process Procedural Due Process Requires fair procedures Rules of criminal/civil procedure Rules of evidence Constitutional guarantees Substantive Due Process Fundamental Rights Encompassed in the term “liberty” in the 5th and 14th Amendments Statutes affecting rights Procedural Due Process Amount of Due Process Guarantee Depends on Importance of Right Criminal Accusations Require the Most Life, Liberty, Property (Fine, Forfeiture) at stake 4th, 5th, and 6th Amendment Rights Procedural Due Process Notice Right to a Hearing Applies to criminal, civil, administrative proceedings, school disciplinary actions Criminal trials, probation revocation, parole Child Custody, Property, Damages Benefits Denial/Cessation School Disciplinary Actions UTRGV STU 02-100 Substantive Due Process Fundamental Rights Cannot be Denied without a Compelling Reason Non-Criminal Fundamental Rights— Right to Marry-Loving v. Virginia (1967) Right to Privacy/Contraception-Griswold v. Connecticut (1965) Terminate Pregnancy-Roe v. Wade (1972) Refuse Heroic Medical Measures-Cruzan v. Mo. (1990) Hetero and Homo Sexual Relations—Lawrence v. Texas (2003) Gay Marriage—Obergefell v. Hodges (June 26, 2015) Substantive Due Process Also affords a means for holding governmental officials accountable for egregious conduct Must be so egregious as to “shock the conscience” See fn 106, p. 40 Deliberate indifference to suspect’s known, serious medical needs But see fn 107, p. 40 Equal Protection Also a 14th Amendment Guarantee Forbids states to deny “equal protection of the laws” Originally, intended to prevent emancipated slaves from being treated unfairly Initially interpreted as “Separate but Equal”—Plessy v. Ferguson (1896) Blatant segregation No where close to equal Historically black colleges/professional schools Equal Protection Corrected in Brown v. Bd. of Educ. (1954) Recognition that separate can never be equal Persons similarly situated must be treated alike Does not outlaw rational distinctions Distinctions are invalid if “arbitrary” Equal Protection— 3 Levels of Scrutiny Courts Use 3 Levels of Scrutiny to Determine Constitutionality of Laws that make distinctions Strict Scrutiny Intermediate Scrutiny Low Scrutiny Depends on Importance of Right at Stake And the basis of the distinction Equal Protection— 3 Levels of Scrutiny-Low Low Scrutiny Applies to categories like age Requires only rational relationship between Law at issue and Legitimate governmental purpose Driving age Drinking age Carrying a gun in federal law enforcement Sex offender registration Equal Protection—3 Levels of Scrutiny-Intermediate Intermediate Scrutiny Applies to gender Created in Craig v. Boren (1976) Must be exceedingly persuasive justification for treating sexes differently VMI’s all male admissions policy Reasons did not meet the standard U.S. v. Virginia (1996) Equal Protection—3 Levels of Scrutiny-Strict Scrutiny Strict Scrutiny Involves “Suspect Classifications” Race, Creed, Color, Religion, National Origin Most rigorous standard of classification Requires compelling governmental interest and least intrusive means Applies to both discriminatory and preferential treatment Reverse discrimination Bakke v. Regents of Univ. of Cal. (1978) Use for Diversity— Grutter v. Bollinger (2003) Fisher v. UT (Austin) (2013/June 23rd 2016) Equal Protection—Relation to Profiling Racial Profiling is a Big No-No Problems with Investigative Detentions of Blacks and Other Persons of Color Other types of profiling OK— Drug carriers/dealers Serial offenders Pedophiles The Texas Constitution When the Republic of Texas ceased being an Independent Nation and joined the U.S. as the 28th State in 1845, it became subject to the U.S. Constitution Texas is the only state that came into the Union as an Independent Republic Texas has had 6 constitutions before and after it became a state Amendments to Texas Constitution The currentTexas Constitution is 125+ years old and has well over 400 Amendments 474—179 were defeated by voters Recent definition of marriage in Texas The U.S. Constitution has only 27 Amendments require— 2/3’s vote in legislature Simple majority in popular election Texas Bill of Rights Texas has a very strong BOR Found in Article I of the Texas Constitution Many protections very similar to guarantees in both US Constitution and Bill of Rights Additional Rights Texas Bill of Rights— Similar Guarantees Art. I § 2—Republican Government Art. I § 6—Freedom of Worship Art. I § 8—Freedom of Speech & Press Art. I § 9—Search & Seizure Art. I § 10—Rights of the Accused Art. I §§ 11, 11(a), 13—Bail Art. I § 19—Due Course of Law Texas Bill of Rights—Stronger or Additional Guarantees Art. I § 3(a)—Equal Rights for Women Art. I § 12—Habeas Corpus may never be suspended Art. I § 15—Trial by jury Art. I § 30—Rights of Crime Victims