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The Due Process Clause of The Fourteenth Amendment Unit 3, Lesson 18.

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1 The Due Process Clause of The Fourteenth Amendment Unit 3, Lesson 18

2 What is Due Process? Requirement that a govt. must follow certain rules & procedures before it can regulate an individual’s life, liberty, or property.Requirement that a govt. must follow certain rules & procedures before it can regulate an individual’s life, liberty, or property. Usually Applies to Civil & Criminal Law.Usually Applies to Civil & Criminal Law. Fifth Amendment only limits National Govt.Fifth Amendment only limits National Govt. Fourteenth Amendment limits state govts.Fourteenth Amendment limits state govts.

3 Procedural Due Process Procedures that Govt. must follow before it regulate or take away life, liberty, or property.

4 Procedural Rights in Our Adversary System Adversary System: System of justice in U.S. & England = 2 opposing sides make arguments to persuade judge or jury to rule in their favor. Right to fair trial, defendant is innocent until proven guilty beyond a reasonable doubt.

5 Inquisitorial System of Justice Specially trained judges investigate by asking questions and making decisions.

6 Substantive Due Process The Supreme Court can decide whether certain state or federal LAWS violate a person’s Fundamental Rights.The Supreme Court can decide whether certain state or federal LAWS violate a person’s Fundamental Rights. These rights are protected by the due process clauses in the 5 th & 14 th Amendment.These rights are protected by the due process clauses in the 5 th & 14 th Amendment.

7 Doctrine of Incorporation Process which the U.S. Supreme Court applies the due process clause of the Fourteenth Amendment to extend the Bill of Rights over the states. (Bread & Butter) Began with Gitlow v. New York (1925) = free- speech.

8 Most of the Bill of Rights has been incorporated over the states.Most of the Bill of Rights has been incorporated over the states. The Supreme Court has refused, or has not yet, incorporated the following rights.The Supreme Court has refused, or has not yet, incorporated the following rights. –Second: right to bear arms –Fifth: right to indictment by grand jury –Seventh: right to jury trial in civil lawsuits. –Sixth Amendment requirement that a jury in a must have 12 members & reach a unanimous verdict.

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