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Extending the Bill of Rights “…a living document.”

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Presentation on theme: "Extending the Bill of Rights “…a living document.”"— Presentation transcript:

1 Extending the Bill of Rights “…a living document.”

2 Civil War Issues

3 Black Codes KKK Civil Rights Act Of 1866 13 th Amendment 14 th. Amendment Acceptance Mandatory For Readmission Poll Taxes Literacy Tests Grandfather Clauses Civil War Amendments 15 th. Amendment

4 All persons born or naturalized in the United States …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. Nor shall any State deprive any person of life, liberty or property without due process of law. Nor deny to any person …the equal protection of the laws Citizenship Privileges & immunities Due Process Equal Protection

5 Review… Dred Scott Emancipation Proclamation Black Codes Grand- father Clause Literacy tests Poll Taxes Slaughterhouse Cases

6 Procedural DP Procedures used by Government in… Making Applying Interpreting & enforcing law must be reasonable, consistent & fair Substantive DP The “substance” (purpose) of the law must be constitutional. Government cannot make law applying to areas in which it has no business. Government cannot take actions that interfere with certain areas of your life

7 No group/individual to receive special privileges nor be deprived of certain rights under the law. Legislatures can pass laws that treat people differently, BUT cannot unreasonably or unfairly favor some groups over others. Originally intended to benefit people recently freed from slavery Today it forbids states and local governments from drawing unreasonable distinctions b/t classes of persons

8 1.Rational Basis Test Does the classification in question bear a reasonable relationship to achievement of some proper governmental purpose? 2. The Strict Scrutiny Test Does a “compelling governmental interest justify the distinctions drawn? Michael M v. Superior Court Teen Curfews Drivers’ licenses Cigarette smokers Orr v. Orr Fundamental Rights “suspect classifications

9 Marbury v. Madison Dartmouth College v. Woodward Fletcher v. Peck Gibbons v. Ogden McCulloch v. Maryland Hammer v. Dagenhart U.S. v. Darby Lumber Co Nat’l League of Cities v. Usery Garcia v. San Antonio Metro Transit Heart of Atlanta motel v. U.S. Griswald v. Conn Bowers v. Hardwick Dred Scott v. Sanford Slaughterhouse Cases Orr v. Orr

10 Berry picking approach B. Cardozo “fundamental to scheme of ordered liberty” Total Incorporation H. Black “all rights in the Bill of Rights are fundamental” Fair Trial Standard F. Frankfurter Selective Incorporation

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