Constitutional Law II Outline

Constitutional Law II Outline
 
 
Chapter 5- Protection of Civil Rights & Civil Liberties
 
A.    Does the Bill of Rights apply to State & Local Governments?
 
Bill of Rights {B.O.R.} has always applied to the federal government as a way of guaranteeing that the fed. Govt. will not violate citizens’ individual rights or liberties. However, the B.O.R. were not always applicable to the states.
Not until the 20th century did the Supreme Ct. {Sup. Ct.} apply the B.O.R. to the states via the 14th Amend., Due Process Clause. The B.O.R. was incorporated into the 14th Amendment’s Due Process Clause. However, the Sup. Ct. used selective-incorporation and has not held every provision applicable to the states.
 
CASES:
Baaron v. Mayor & City Council of Baltimore (1833):
–          Prior to the Civil War, P (Baaron) alleged that the taking of his private property (wharf) w/o just compensation was in violation of the Fifth Amendment.
–           But the Sup. Ct. did not find the B.O.R. applicable to the states.
n R.L.R.> B.O.R. applies only to the Fed. Govt. and not to the States.
Slaughter-House Cases (1873):
–          After the Civil War, Butchers challenged a state law giving a monopoly to a particular slaughterhouse, which allegedly denyed them the right to work and earn money. Butchers used the Privileges & Immunities Clause of the 14th Amend.
–          But the Sup. Ct. took a narrow view in its holding.
–          The Ct. distinguished a person’s rights (or privileges & immunities) in the fed. Govt. from that within state governments.
n R.L.R. > the 13th & 14th Amendments apply only to former slaves.
Saenz v. Roe (1999):
–          Ct. applies the Privileges & Immunities Clause for nearly the first time in History. State of Calif. paid residents living there under 12 months less welfare benefits.
n R.L.R.> Under the Privileges & Immunities Clause, a state must provide the same benefits to new residents as it does to other residents.
Twining v. New Jersey ( 1908):
–          A N.J. law allowing for a jury to draw an unfavorable inference from a criminal defendants’ failure to testify was challenged under the Due Process Clause of 14th Amend.
n R.L.R.> Provisions of the B.O.R. may apply to the States under the Due Process Clause of the Fourteenth Amendment IF the provisions are necessary for due process of law.
Duncan v. Louisiana (1968):
–          Man charged w/ simple battery, punishable by up to two years in prison, was denied the right to a jury trial and claimed he was therefore denied due process of law.
–          Ct. focuses on whether the right is a fundamental right of liberty.
n R.L.R.> The Sixth Amendment right to a jury trial is fundamental and is applicable to the states pursuant to the Due Process Clause of the 14th Amendment.
 
 
CONCLUSION: Whenever a case involves a