US-Recht I Dr. Karin Linhart, LL.M.

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Presentation transcript:

US-Recht I Dr. Karin Linhart, LL.M. Constitutional Law SS 2007 US-Recht I Dr. Karin Linhart, LL.M.

US-Recht I Dr. Karin Linhart, LL.M. Overview The U.S. Constitution Bill of Rights and further amendments Enumerated Liberties Due Process Clause Leading decisions of the US Supreme Court SS 2007 US-Recht I Dr. Karin Linhart, LL.M.

Historical development 1773 Boston Tea Party („No taxation without representation“) 1775 War of Independence July 4, 1776 Declaration of Independence 1787 Elaboration of the Constitution 1788 Ratification of the Constitution by 13 states 1789 Constitution enters into force 1791 Bill of rights (Amendments I-X) SS 2007 US-Recht I Dr. Karin Linhart, LL.M.

US-Recht I Dr. Karin Linhart, LL.M. Thomas Jefferson SS 2007 US-Recht I Dr. Karin Linhart, LL.M.

Declaration of Independence (1776) Thomas Jefferson „We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.“ SS 2007 US-Recht I Dr. Karin Linhart, LL.M.

U.S. Constitution Art. I-III Art. I: Legislative Branch Art. II: Executive Branch Art. III: Judicial Branch SS 2007 US-Recht I Dr. Karin Linhart, LL.M.

The Capitol (Legislature) SS 2007 US-Recht I Dr. Karin Linhart, LL.M.

US-Recht I Dr. Karin Linhart, LL.M. 1st Amendment Freedom of Religion Separation of Church and State Freedom of Speech Freedom of the Press Freedom of peaceful assembly Right to petition SS 2007 US-Recht I Dr. Karin Linhart, LL.M.

US-Recht I Dr. Karin Linhart, LL.M. Due Process Clause 5th Amendment for federal government 14th Amendment for state governments Substantive Due Process Procedural Due Process The Constitution does not contain a far-reaching catalogue of fundamental rights and civil rights. There is no explicit Right to Equal Protection. It was left to the U.S. Supreme Court to develop fundamental rights on the basis of SS 2007 US-Recht I Dr. Karin Linhart, LL.M.

Substantive Due Process The Right of Privacy The Right of Personal Autonomy SS 2007 US-Recht I Dr. Karin Linhart, LL.M.

US-Recht I Dr. Karin Linhart, LL.M. The Right of Privacy The use of contraceptives was prohibited by state law. Griswold v. Connecticut (1965) Married couples Conduct occurs in the privacy of the home => Right of marital privacy SS 2007 US-Recht I Dr. Karin Linhart, LL.M.

US-Recht I Dr. Karin Linhart, LL.M. Development Griswold extended by Eisenstadt v. Baird (1972) to unmarried couples Carey v. Population Servs. Intl. (1977) to minors Right of Privacy (still only inside home) SS 2007 US-Recht I Dr. Karin Linhart, LL.M.

Liberty to chose an abortion Roe v. Wade (1973) Griswold further extended to conduct outside the home 1st/2nd/3rd trimester SS 2007 US-Recht I Dr. Karin Linhart, LL.M.

US-Recht I Dr. Karin Linhart, LL.M. Roe v. Wade (1973) On the legitimacy of abortion Freedom of choice v. right to life Right of privacy can be found in the 14th and 9th Amendment Women free to decide until the end of the first trimester As from the second trimester, states allowed to pass legislation SS 2007 US-Recht I Dr. Karin Linhart, LL.M.

Carey v. Population Servs. Intl. (1977) Reformulation of Griswold as liberty that „protects individual decisions in matters of childbearing from unjustified intrusion by the state.“ Transformation of Right of Privacy into Right of Personal Autonomy Whalen v. Roe (1977): „the interest in independence in making certain decisions.“ SS 2007 US-Recht I Dr. Karin Linhart, LL.M.

US-Recht I Dr. Karin Linhart, LL.M. Slavery SS 2007 US-Recht I Dr. Karin Linhart, LL.M.

US-Recht I Dr. Karin Linhart, LL.M. Civil War (1862-1865) => Led to Amendment 13 to 15 („Civil War Amendments“) => Abolition of slavery SS 2007 US-Recht I Dr. Karin Linhart, LL.M.

US-Recht I Dr. Karin Linhart, LL.M. Plessy v. Ferguson (1896) Facts: Plessy, a black person, refused to leave the compartment of a train that was reserved for white people, which led to his conviction. Issue: Conviction contrary to 14th Amendment? Holding: Segregation of black and white people serve public interest (=> „separate but equal“ doctrine) SS 2007 US-Recht I Dr. Karin Linhart, LL.M.

US-Recht I Dr. Karin Linhart, LL.M. Segregation SS 2007 US-Recht I Dr. Karin Linhart, LL.M.

Brown v. Board of Education (1954) Facts: Brown, a black child, fought against segregation on a public school Issue: Segregation contrary to 14th Amendment? Holding: Yes! Interpretation of Constitution not on the basis of 1787, 1868 or 1896, but of an understanding that is found today. SS 2007 US-Recht I Dr. Karin Linhart, LL.M.