DRAW A LINE SEPARATING TODAY & YESTERDAY1) Write: Date: 02/10/11, Topic: Abortion (SDP)2) Next line, write “Opener #20” and then:

1) Write 1 high+1 low in last 24 hours2) Rate your understanding of yesterday: lost<1-5>too easy (3 is perfect)

3) Respond to the Opening Clip by writing at least 1 sentences about:Your opinions/thoughts OR/ANDQuestions sparked by the clip OR/ANDSummary of the clip OR/ANDAnnouncements: None

Article 1, Section 8, Clause 3: Interstate Commerce“Congress shall have power to… regulate

commerce… among the several states”

1) Heart of Atlanta Motel v. US (1964)Racism can have a substantial effect of interstate

commerce.

2) US v. Lopez (1995) and US v. Morrison (2000)Local acts of violence has NO substantial effect

on interstate commerce.

3) US v. Lopez (1995) and US v. Morrison (2000)Local acts of violence has NO substantial effect

on interstate commerce.

Agenda1) Due Process

What you will be able to do:1) What is due process?

Reminder1) .

Quiz (10 Points)1) Clear desk of everything except a

writing tool2) When done, turn quiz face down.

3) Circle just the dots.

4) Quiz # 1

Notes #18a, Title: “Due Process Notes” 1)

Constitution

A1: Congress

A1S8C1: Tax +Spend

A2: President

A3:Fed Courts

A1S8C3Interst.

Commer.

Veto + carrying out laws

Ex Orders + Sign.

Statements

Interpret Const

Subst. DP

Notes #18a, Title: “Due Process Notes” 2) Due Process (DP): Legal concept that gov must respect

your legal rights (Magna Carta).3) Procedural Due Process: Legal concept that gov must

follow pre-determined steps (accepted)4) Substantive Due Process: Legal concept that the content

of the law may not take way fundamental liberty (strict int. reject S DP)

Lochner v. NY (1905) > Roe v. Wade (1973)5) Fundamental Liberty: Bill of Rights (accepted), personal privacy: body + family issues (st int reject)6) 5th Amendment (1891): Along with other things, 5 says

federal gov must give you DP.7) 14th Amendment (1868): Along with other things, 14 says

states must give you DP.8) Selective Incorporation: Courts over series of cases order

states to obey S DP (parts of BOR > personal privacy) 1: Gitlow v. NY (1925) 6: Gideon v. Wainwright (1963)

Notes #18a, Title: “Due Process Notes” 2) Due Process (DP): Legal concept that gov

must respect your legal rights (5th + 14th).

5th Amendment (1891):Nor shall be compelled in any criminal

case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation

a) Only accused can refuse to talk (self-incrim)b) Fed gov protect procedural+substantive DPc) Gov force you to sell to it your property, itcan re-sell for common good (eminent domain)

14th Amendment (1868):All persons born or naturalized… are citizens of

the United States…Nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person… equal protection of the laws.

a) Ppl born here are citizensb) States protect procedural+substantive DPc) States give everyone equal treatment

Reverse incorporation: 5th SDP say Fedmust give equal protection for all ppl too.

Notes #18a, Title: “Due Process Notes”

3) Procedural Due Process: Legal concept that

gov must follow pre-determined steps (accepted)

4) Substantive Due Process: Legal concept that court can kill a law if a fundamental liberty is taken away + court gets to decide what is a f lib (strict int reject S DP)

Lochner v. NY (1905) > Gitlow v. NY (1918) > Grisold v. Conn (1965) > Roe v. Wade (1973)

Notes #18a, Title: “Due Process Notes” 5) Fundamental Liberty: Bill of Rights (accepted),

personal privacy: body + family issues (st int reject)

What power judges should have?

PDP: Justmake sure govs(state/fed)followsthe rightsteps (esp crime/trials)

SDP-Lite Just make sure that govs (state/fed)don’tviolate rights in the Constit

SDP (precedent): Make sure govs(state/fed)don’t violatewhat courtdecide arefund. liberties.

Journ #18a, “S DP Debate”1) Read the 2 sides, choose 1 side, and write

which you choose and explain why.2) Then write down what your partner thinks

(include their name at the end).1 2 3 4 5

CON: Keep S DP 1) The Constitution is a starting place for rights, not an ending place

2) Protecting fundamental liberty is the heart of a democracy and the Constitution

PRO: Go back to just having P DP (Pre-1900s)1) New rights can be added through amendments

2) What gives the court the power to make up rights and override laws

Notes #18b, Title: “Due Process Notes”

6) 5th Amendment (1791): Along with other things, 5 says FEDERAL gov must give you DP (PDP+SDP).

7) 14th Amendment (1868): Along with other things, 14 says STATES (+local gov) must give you DP (PDP+SDP: leading to incorporation)

Notes #18b, Title: “Due Process Notes” 8) Selective Incorporation: Extending parts of theBOR to states case by case thru 14th (P+S DP). 1: Gitlow v. NY (1925) 6: Gideon v. Wainwright

(1963)

2nd Amend.Justincorporated in 2010 inChicago v.McDonald

FEDERAL

STATE NATIONALSTATE

NATIONAL

STATE

NATIONAL

1880-1860 1860-1930

1930-2000

5th Amendment (1891):Nor shall be compelled in any criminal

case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation

a) Only accused can refuse to talk (self-incrim)b) Fed gov protect procedural+substantive DPc) Gov force you to sell to it your property, itcan re-sell for common good (eminent domain)

14th Amendment (1868):All persons born or naturalized… are citizens of

the United States…Nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person… equal protection of the laws.

a) Ppl born here are citizensb) States protect procedural+substantive DPc) States give everyone equal treatment

Reverse incorporation: 5th SDP say Fedmust give equal protection for all ppl too.

Review1) Due Process (DP): Legal concept that gov must

respect your legal rights (Magna Carta).2) Procedural Due Process: Legal concept that gov

must follow pre-determined steps (accepted)3) Substantive Due Process: Legal concept that the

content of the law may not take way fundamental liberty (strict int. reject S DP)

Lochner v. NY (1905) > Roe v. Wade (1973)4) Fundamental Liberty: Bill of Rights (accepted), personal privacy: body + family issues (st int

reject)5) 5th Amendment (1891): Along with other things, 5

says federal gov must give you DP.6) 14th Amendment (1868): Along with other things,

14 says states must give you DP.

Notes#19a

Title:DP Chart:What Is FundLiberty?

Fed must follow BOR (5t:h: DP)

14th A passes saying states must give due process (PDP+SDP)

Courts begin incorporating parts of the BOR by saying that those rights are fund. rights (SDP), and

can’t be taken way easily.

Courts then expand SDP to include fund. rights they think ppl have that aren’t in the constit, like

privacy and family rights.

ReviewSelective Incorporation: Extending parts of theBOR to states case by case thru 14th (P+S DP). 1: Gitlow v. NY (1925) 6: Gideon v. Wainwright

(1963)

2nd Amend.was just

incorp. in 2010 in McD v Chicago

Journ #19a, “Incorporation Debate”1) Read the 2 sides, choose 1 side, and write

which you choose and explain why.2) Then write down what your partner thinks

(include their name at the end).1 2 3 4 5

CON: The Bill of Rights was written to protect from Fed gov, not state1) The framers wanted to keep state power, not twist it words to limit it

2) State’s own state constitutions protect ppl

PRO: Of course state/local gov must obey the most the Bill of Rights1) The BOR is list of fund. liberties.

2) All govs must be kept from being abusive

Journ #19b, Title “Gideon v. Wainwright”

1) Copy Source Title: Annenberg

2…) Discuss questions on the board with a partner. Summarize your discussion (include their name at the end). Remember participation points are deducted if off task. 5 Reading/Film Qs Come From These Work Sections

Journ #19c, “SDP Beyond BOR Debate”1) Read the 2 sides, choose 1 side, and write

which you choose and explain why.2) Then write down what your partner thinks

(include their name at the end).1 2 3 4 5

CON: Fund liberties extend beyond the BOR1) Constitution is the starting place, clearly we should have a right to privacy and more

2) Judges are there to protect us from an unfair “mob-ocracy”

PRO: Fund liberties are limited to the BOR1) Judges should follow the words of the Constitution2) If people want more rights, they can democratically pass amendments

Notes #19b, Title: “Due Process Notes” 1) Strict Scrutiny: No right absolute, court

develop this due process to ok taking of rights:a) Gov has a compelling reason (public safety

compels action)b) Only way possiblec) Done in the most narrow means(We will see strict scrutiny again as a 3 level test

when it comes to equal protection of the law)

Journal #19d, Title “Moot Court Prep”FILL-IN (a_) v. FILL-IN (r_) 1) Everyone outline in journal:CASE OUTLINEi) Greeting Statement (prescribed)ii) Issue Statementiii) Facts of the Case iv) Legal Arguments (3 bullets) SKIP: Possible Rebuttals 2) Write down your role, now script what you plan to say

during the case (30 sec-1 min each), work as a team

14th Amendment“No state shall deprive any person of life, liberty, or

property, without due process of law.” SDP Cases: 1) convince them it’s a fund liberty

2) convince gov didn’t pass 3 part test to take lib away

ROLES 1a) Greeting Statement1b) Issue Statements

1c) Facts 2) Initial Arguments (2x if 5)-1m 3) Rebuttals -1m4) Closing Stmt (+judge’s q’s)Judges special, see Chiang.

Notes#19aPro-Abortion Side

Anti-AbortionSide

1) Prove the action is a “fundamental” liberty

2) Prove the gov did NOT pass ALL 3 parts “strict scru” test

2) Or prove that the gov did pass ALL 3 parts “strict scru” test

1) Prove the action is NOT a “fundamental” liberty

OR/AND

AND

Journal #20a, Title “Due Process Review”14th Amendment“No state shall deprive any person of life, liberty, or property,

without due process of law.” SDP Cases: 1) convince them it’s a fund liberty

2) convince gov didn’t pass 3 part test to take lib awayOral Argument Structure 1) Greeting Statements (both sides come up) 2) Issue Statements (both sides come up) 3) Facts (both sides come up) 4) Initial Arguments (appellant first, respondent second) 5) Rebuttals (appellant first, respondent second) 6) Closing Statements(both sides come up)

1a) Case name, basic facts 1b) +:compliment, –:improve, your decision1c) real outcome of the case.2…4c) EC for group winners and best indiv argue

1c) Roe v Wade: Abortion in fund right2c) Bellotti v Baird (minor): Minor have right to get abortion without parental approval3c) Planned Parenthood v Casey: Wifes have right not to tell husband4c) Stenberg v Carhart: Partial birth abortion procedure part of fund right (in 2007, SCOTUS reverses 5-4, banning partial birth abortions)

Norma McCorvey (Jane Roe)

Journ #21a, Title “Roe v. Wade”

1) Copy Source Title: 12 & Delaware

2…) Discuss questions on the board with a partner. Summarize your discussion (include their name at the end). Remember participation points are deducted if off task. 5 Reading/Film Qs Come From These Work Sections

Homework: 1) Study today’s notes + journal

sections for a possible journal quiz.2) Pick and listen to your 4 news

podcast by next Monday.

Journal Check: If your name is called, drop off your journal with Mr. Chiang (if requested, points lost if your journal is not turned in)