Chapter Six Constitutional Law

Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 2 U.S. Constitution--Organization Preamble Seven Articles Twenty-Seven Amendments Include Bill of Rights

Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 3 Basic Constitutional Principles Separation of Powers Checks and Balances Judicial Review

Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 4 The Bill of Rights First Ten Amendments The Incorporation Doctrine Relevance of 14 th Amendment

Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 5 First Amendment Freedoms Speech Religion Press Assembly Petition

Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 6 Rights of Criminal Defendants 4 th AmendmentSearches and seizures 5 th AmendmentConfessions and grand jury hearings 6 th AmendmentThe court process, including the right to an attorney and the right to a jury trial 8 th AmendmentBail and cruel and unjust punishment

Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 7 Sources of Civil Rights Due Process Clause of 14 th Amendment Equal Protection Clause of 14 th Amendment Congressional Legislation pursuant to Interstate Commerce Clause Brown v. Board of Education

Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 8 Voting Rights Protection through Amendments 15 th Prohibits abridging voting rights because of race 19 th Prohibits abridging voting rights because of sex 24 th Prohibits poll taxes 26 th Extends right to vote to 18 year olds Baker v. Carr: One man-one vote rule

Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 9 Privacy and Due Process Privacy—part of substantive due process Some Leading cases: Griswold v. Connecticut Roe v. Wade Lawrence v. Texas Cruzan v. Director