Good Day!

DRAW A LINE SEPARATING TODAY & YESTERDAY1) Write: Date: 09/18/09, Topic: Due Process2) On the next line, write “Opener #15” and then:

1) Plot your mood, reflect in 1 sent.2) Respond to the opener by writing at least 2 sentences about:Your opinions/thoughts OR/AND

Questions sparked by the clip OR/AND

Summary of the clip OR/AND

Other things going on in the news.Announcements: NoneIntro Music: Untitled

Agenda1) Due Process, Part 2

What you will be able to do:1) When can the gov violate due process?

Reminder1) .

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) 5 th Amendment (1791): Along with other things, 5

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

14 says states must give you DP.

5 th Amendment (1791):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)

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

ReviewSelective Incorporation: Extending parts of the

BOR to states case by case thru 14th (P+S DP). 1: Gitlow v. NY (1925) 6: Gideon v. Wainwright

(1963)

2nd Amend.has not yetbeenincorporated.

Notes#15a

Title:DP Chart

Fed must follow BOR (5th)

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

Courts begin incorporating parts of the BOR, some thru PDP,

some thru SDP

Courts then expand SDP to include personal privacy, the substance of laws can’t deny

personal privacy (Lochnerizing)

Work #15a, “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

Work #15b, 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

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 BOR

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

Notes #15b, Title: “Due Process Notes” 1) Strict Scrutiny: No right absolute, over series

of cases, legal test to take way fund freedom:a) Gov has a compelling reasonb) 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)

Work #15c, Title “Roe v. Wade”With a partner, draft the following moot court

argument:1) Greeting Statement (copy from Cornell handout)2) Issue Statement (paraphrase from Roe handout)3) Facts of the Case (summarize from Roe handout)

4) Legal Argument for your side 14 th Amendment: “shall any State deprive any person of life, liberty, or

property, without due process of law” Strict Scrutiny:a) Gov has a compelling reasonb) Only way possiblec) Done in the most narrow means

Workbook peer check:

Have your partner look at your notebook to see if the formatting is correct, get their signature under Work#5a

Workbook Check: Remember you workbook is turned in each marking period for 100 points!

Homework: 1) No homework.