Good Day!

DRAW A LINE SEPARATING TODAY & YESTERDAY1) Write: Date: 09/17/09, Topic: Due Process2) On the next line, write “Opener #14” and then:

1) Plot your mood, reflect in 1 sent.2) Respond to the opener by writing at least 2 sentences about:Your opinions/thoughts OR/AND

Questions sparked by the clip OR/AND

Summary of the clip OR/AND

Other things going on in the news.Announcements: NoneIntro Music: Untitled

Article 1, Section 8, Clause 3: Interstate Commerce“Congress shall have power to… regulate

commerce… among the several states”

1) Heart of Atlanta Motel v. US (1964)Racism can have a substantial effect of interstate

commerce.

2) US v. Lopez (1995) and US v. Morrison (2000)Local acts of violence has NO substantial effect

on interstate commerce.

3) US v. Lopez (1995) and US v. Morrison (2000)Local acts of violence has NO substantial effect

on interstate commerce.

Agenda1) Due Process

What you will be able to do:1) What is due process?

Reminder1) Today’s Constitution Day (1787)

Notes #14a, Title: “Due Process Notes” 1)

Constitution

A1: Congress

A1S8C1: Tax +Spend

A2: President

A3:Fed Courts

A1S8C3Interst.

Commer.

Veto + carrying out laws

Ex Orders + Sign.

Statements

Judicial Review

Subst. DP

Rule of Law (but NASCAR style)

Notes #14a, Title: “Due Process Notes” 2) Due Process (DP): Legal concept that gov must respect

your legal rights (Magna Carta).3) Procedural Due Process: Legal concept that gov must

follow pre-determined steps (accepted)4) Substantive Due Process: Legal concept that the content

of the law may not take way fundamental liberty (strict int. reject S DP)

Lochner v. NY (1905) > Roe v. Wade (1973)5) Fundamental Liberty: Bill of Rights (accepted), personal privacy: body + family issues (st int reject)6) 5th Amendment (1791): Along with other things, 5 says

federal gov must give you DP.7) 14th Amendment (1868): Along with other things, 14 says

states must give you DP.8) Selective Incorporation: Courts over series of cases order

states to obey S DP (parts of BOR > personal privacy) 1: Gitlow v. NY (1925) 6: Gideon v. Wainwright (1963)

Notes #14a, Title: “Due Process Notes” 2) Due Process (DP): Legal concept that gov

must respect your legal rights (Magna Carta).

Notes #14a, Title: “Due Process Notes”

3) Procedural Due Process: Legal concept that

gov must follow pre-determined steps (accepted)

4) Substantive Due Process: Legal concept that the content of the law may not take way fundamental liberty (strict int. reject S DP)

Lochner v. NY (1905) > Roe v. Wade (1973)

Notes #14a, Title: “Due Process Notes” 5) Fundamental Liberty: Bill of Rights (accepted),

personal privacy: body + family issues (st int reject)

Work #14a, “S DP Debate”1) Read the 2 sides, choose 1 side, and write

which you choose and explain why.2) Then write down what your partner thinks

(include their name at the end).1 2 3 4 5

CON: Keep S DP 1) The Constitution is a starting place for rights, not an ending place

2) Protecting fundamental liberty is the heart of a democracy and the Constitution

PRO: Go back to just having P DP (Pre-1900s)1) New rights can be added through amendments

2) What gives the court the power to make up rights and override laws

Notes #14b, Title: “Due Process Notes”

6) 5th Amendment (1791): Along with other things, 5 says federal gov must give you DP.

7) 14th Amendment (1868): Along with other things, 14 says states must give you DP (leading to incorporation)

5th Amendment (1791):Nor shall be compelled in any criminal

case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation

a) Only accused can refuse to talk (self-incrim)b) Fed gov protect procedural+substantive DPc) Gov force you to sell to it your property, itcan re-sell for common good (eminent domain)

14th Amendment (1868):All persons born or naturalized… are 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… equal protection of the laws.

a) Ppl born here are citizensb) States protect procedural+substantive DPc) States give everyone equal treatment

Reverse incorporation: 5th SDP say Fedmust give equal protection for all ppl too.

Notes #14b, Title: “Due Process Notes” 8) Selective Incorporation: Extending parts of theBOR to states case by case thru 14th (P+S DP). 1: Gitlow v. NY (1925) 6: Gideon v. Wainwright

(1963)

2nd Amend.has not yetbeenincorporated.

Work #15a, “Incorporation Debate”1) Read the 2 sides, choose 1 side, and write

which you choose and explain why.2) Then write down what your partner thinks

(include their name at the end).1 2 3 4 5

CON: The Bill of Rights was written to protect from Fed gov, not state1) The framers wanted to keep state power, not twist it words to limit it

2) State’s own state constitutions protect ppl

PRO: Of course state/local gov must obey the most the Bill of Rights1) The BOR is list of fund. liberties.

2) All govs must be kept from being abusive

Review2) Due Process (DP): Legal concept that gov must respect

your legal rights (Magna Carta).3) Procedural Due Process: Legal concept that gov must

follow pre-determined steps (accepted)4) Substantive Due Process: Legal concept that the content

of the law may not take way fundamental liberty (strict int. reject S DP)

Lochner v. NY (1905) > Roe v. Wade (1973)5) Fundamental Liberty: Bill of Rights (accepted), personal privacy: body + family issues (st int reject)6) 5th Amendment (1791): Along with other things, 5 says

federal gov must give you DP.7) 14th Amendment (1868): Along with other things, 14 says

states must give you DP.8) Selective Incorporation: Courts over series of cases order

states to obey S DP (parts of BOR > personal privacy) 1: Gitlow v. NY (1925) 6: Gideon v. Wainwright (1963)

Workbook peer check:

Have your partner look at your notebook to see if the formatting is correct, get their signature under Work#5a

Workbook Check: Remember you workbook is turned in each marking period for 100 points!

Homework: 1) No homework.