1. Chapter 20: Civil Liberties: Protecting Individual Rights Section 1

2. Only students who drive red or blue cars can park in the school parking lot.
On Mondays and Wednesdays, brown-eyed students cannot eat in the cafeteria.
Police officers can search cars parked in the school parking lot whenever they feel like it.
What is wrong with these laws?

3. We expect laws to be fair, consistent and uniform across all situations and classes of people. What prevents governments from passing unfair laws or applying laws in an arbitrary manner? Due Process of Law (5th and 14th Amendments)

4. Objectives
Explain the meaning of due process of law as set out in the 5th and 14th amendments.
Define police power and understand its relationship to civil rights.
Describe the right of privacy and its origins in constitutional law.

5. Key Terms
due process: the guarantee that the government will act fairly and according to the law
procedural due process: how the government acts in terms of its methods and procedures
substantive due process: why the government acts in terms of its policies and the reasons for them

6. Key Terms, cont.
police power: the authority of each state to protect and promote the public health, safety, morals, and general welfare
search warrant: a court order authorizing a search

7. Introduction
Why is the concept of due process important to a free society?
Due process forces the government to act in a just and fair way toward all citizens, enforcing all laws in an equal fashion.
Due process also requires the nation’s laws to be fair, without unjust prejudice toward any group.

8. Due Process The Constitution has two due process clauses.
The 5th Amendment prohibits the federal government from depriving any person of “life, liberty, or property, without due process of law.”
The 14th Amendment extends this prohibition to all state and local governments and extends most of the protections of the Bill of Rights to the states.

9. Types of Due Process
Why are both procedural and substantive due process necessary?
Both procedures and laws must be fair for due process to be effective.

10. What is Due Process?
There is no exact definition of due process. The meaning of due process has been defined by the Supreme Court on a case-by-case basis.
In the cartoon at right, is it possible that the prisoner’s complaint is justified? Explain.
Interpreting Political Cartoons Question Answer: Student answers will vary, but a possible answer is: No. Due process guarantees a fair trial, but not acquittal.

11. Examples of Due Process
In one procedural case, police officers broke into a suspect’s room and later pumped his stomach to recover evidence of drugs. The Court threw out this case as a violation of due process.
NOTE TO TEACHERS: This example refers to Rochin v. California, 1952.

12. Examples of Due Process, cont.
In a substantive due process case, the Court ruled that an Oregon law requiring children to attend only public schools violated due process because it was unfair to prevent children from attending private schools.
NOTE TO TEACHERS: This example refers to the case Pierce v. Society of Sisters, 1925

13. Examples, cont.
Standards for due process apply to the collection of evidence, including forensic evidence.

14. The Police Power
States have a reserved police power to safeguard the well-being of their people.
States must balance individual rights versus the needs of society when using this power.
To protect public safety, states are allowed to test people to determine if they are drunk while driving, even without a search warrant or an individual’s consent

15. Police Power, cont.
States have broad authority to use their police powers in the public interest.
To promote health, states can require child vaccinations, make laws to reduce pollution, and limit the sale of alcohol and tobacco.
To promote general welfare, states can aid the medically needy and require young people to attend school.

16. Police Power, cont.
To promote morals, states can regulate gambling and outlaw prostitution.
To promote safety, states can require the use of seat belts, ban the use of cell phones while driving, and punish drunk drivers. \

17. Right to Privacy
The Constitution does not specifically mention the right to privacy.
The Supreme Court has ruled that under the 14th Amendment’s Due Process Clause, individuals have a broad right to be free from unwanted government intrusions into their personal privacy.
Cases involving state attempts to limit access to abortion have tested this right.
NOTE TO TEACHERS: The second bullet involves the cases Stanley v. Georgia, 1969 and Griswold v. Connecticut, 1965

18. Roe v. Wade
In the 1973 case Roe v. Wade, the Court struck down a Texas law that made abortion illegal unless needed to save the mother’s life.
The Court ruled that:
In the first trimester of pregnancy, a state must recognize a woman’s right to an abortion.
The state can regulate abortions in the second trimester of pregnancy.
The state can ban abortions in the third trimester unless they are medically necessary.

19. Changes to Roe v. Wade
Checkpoint: How has the Supreme Court modified its Roe v. Wade ruling in later decisions?
The Court has allowed states to ban abortions in publicly operated hospitals or clinics.
The Court has upheld state laws requiring minors to notify a parent before obtaining an abortion.
The Court has allowed state laws that place “reasonable limits” on a woman’s right to an abortion if no undue burden is caused.
NOTES TO TEACHERS: The first ruling came in Webster v. Reproductive Health Services, The second ruling was from Ohio v. Akron Center for Reproductive Health. The third ruling was from Planned Parenthood of Southeastern Pennsylvania v. Casey, 1992.
Checkpoint Answer: See the list of modifications given on the slide above. 19

20. Recent Cases
Changes in the membership of the Supreme Court can alter how the Court interprets a case.
In 2000, the Court struck down a state ban on partial-birth abortions as representing an “undue burden” on women.
In 2007, the Court upheld a federal law banning the same procedure, arguing that it did not place an undue burden on women.
NOTE TO TEACHERS: The 2000 case was Stenberg v. Carhart. The 2007 case was Gonzales v. Carhart.

21. Answer these 4 Questions
What does the phrase due process of law mean?
How do procedural due process and substantive due process differ?
A. What are the four areas of police power that are reserved to the states?
B. Give an example from each area.
C. What limit is placed on the States police power?
4. Considering the constitutional right to privacy, is it right for a state to use its police power to protect and promote morals among its citizens? Why?