Us govt ch 20 civil liberties: protecting individual rights

Get a hint

Due process

Click the card to flip 👆

The constitutions guarantee that the government must ask fairly in accord with established rules. It may not act unfairly arbitrarily or unreasonably. The due process limit is placed on the federal government in the fifth amendment and on state and local government's in the 14th amendment: government cannot deprive any person of life liberty or property without due process of the law.

Click the card to flip 👆

1 / 62

The authority of each state to act to protect and to promote the public health safety morals and general welfare. In other words the power of each state to safeguard the well-being of its people

Schmerber vs California: 1966. Police Officer had directed a doctor to draw blood from a drunk driving suspect. Court said the blood sample was drawn in accord with acceptable medical practice; the officer had a reasonable grounds to suspect the driver was drunk; officer taken time to secure a search warrant.

Search warrant

A court order authorizing a search

Examples of due process

Rochin versus California 1952: Roche and was a suspected narcotics dealer. Police force their way into his home after a tip. Police stop hills on the nightstand which Roche and then quickly swallowed. Police took him to the hospital and had his stomach pumped and found that the pills contained morphine. He was then prosecuted for violating narcotics laws. Supreme Court held that the deputies violated the 14th amendment.
Pearce versus Society of sisters 1925: Oregon had a new law requiring people to attend public schools between the ages of eight and 16. Law was written to destroy private schools. Roman Catholic order of the sisters ascites challenge the lost constitutionality. Law violated the 14th amendment stupor assess clause because it unreasonably interferes with the liberty of parents to direct the upbringing of the education of their children.

Examples of the overriding importance of protection of the public

To promote health states limit the sale of alcohol and tobacco; require the vaccination of school age children
To promote safety: regulate the caring of concealed weapons and require seatbelts
To promote morals: regulate gambling and outlaw the sale of a scene material and prostitution
To promote general welfare: States make education laws and provide help to medically needy and limit profits of Public utilities.

Roe vs Wade

The most controversial application of the right to privacy. 1973 the Supreme Court struck down to Texas law that made abortion a crime except when necessary to save a life of the mother.
Supreme Court says that the 14th amendment protects the woman's right to privacy: her right to determine whether or not she will terminate a pregnancy

In the first trimester a state must recognize a woman's right to an abortion
In the second trimester a state can regulate how when and where abortions can be performed but not prohibited
Final trimester: state can choose to prohibit all abortions except those necessary to preserve the life and health of the mother

Why has a Supreme Court not defined due process exactly

Justices do not see due process as absolute and unyielding rather they feel it is relative and should be decided on a case-by-case basis

How do you procedural due process and substantiative due process differ

Procedural refers to the how or the procedures and methods of government action and substantiative refers to the what or the substance and policies of government action

What is the police power reserved for to the states

Authority to protect and promote public health and safety morals and general welfare.

What is the relationship between the police power and due process of law

When using police power to protect society states cannot violate the due process rights of individuals

Is it proper for a state to use its police power to protect and promote morals among its citizens?

Yes, protection of morals falls within the state police power or no, the right of privacy limits the right of government to deem actions as a moral

The right to privacy is not found in the Constitution. How did justice Brendels define the right of privacy?

The right to be left alone

Do you think a constitutional amendment is needed to guarantee and individuals right to privacy? Why or why not?

Some may believe that the right is already protected sufficiently through the Supreme Court ruling's. Others may feel that amendment is necessary in order to protect individuals rights especially with the advent of additional technology that we have today

Us govt ch 20 civil liberties: protecting individual rights

Students also viewed