accused is innocent til proven guilty
how u.s. operates
burdon on lawyers/ prosecution
judges ask questions
court personnel conducts investigation
accused is guilty till proven innocent
Procedural due process
(a) government must follow known and established procedures and may not act unpreductable
(b) government must seek to proce and be given a fair trial by jury of their peers and right to confornt witness
Substantive due process
government must have a "compelling or exeedingly important reason to interfeere or regulate with fudemental rights. The laws that are not fair can be vetoed
Right to marry; have kids
right to birth control
right to vote
status, legal alien
Religion, national origin
(a) government must show really good reason why this law is being created and why the restrictions on a particular group
(b) catagories in this level: race, religon, status as legal alien
(c) rights in level: vote & travel
(a) Upheld if the means chosen are substantially related to an important government interest/purpose. (Need not be the least restrictive alternative.) The government has the burden of proof.
(b) catagories in level: gender & illegitamacy
(a) group challeging the law must show that the law is NOT RATIONAL
(b) catagories in this level: age, wealth, disablility
(a) gives congress the power to enforce the requeiment through "appropriate legislation"
(b) any restrictions on national and state powers
" no state shall deny to any person within its jurisdiction the equal protection of the laws"
Women's sufferage movement
(a) Fredric Douglas and Elizabeth Stanton produced a document "the seneca falls declaration os sentiment"(1848)
Indian citizenship act
Extending franchise to all "indians born within the turitorial limits of the U.S"
Indian Naturalization act
Indians can become citizens if they go through a process similar to natrualization