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Chapter 3

Due Process
STUDY
PLAY
Due process
The concept of fundamental fairness (like letting both sides speak to the judge in court)
Magna Carta
Provided the people of England with a degree of protection against the unchecked power of the king
Bill of rights
First ten Amendments of the Constitution
Fifth Amendment
No person shall be deprived of life liberty or property without due process of law
Fourteenth Amendment
No state can make or enforce any law which will take away the privileges and immunities of citizens; nor deprive any person of life, liberty or property, without due process of law; nor deny any person within its borders the equal protection of its laws
Reconstruction Amendment
Another name for the 14th amendment
Doctrine of Incorporation
The courts used the 14th amendment to incorporate many of the other protections afforded by the Bill of Rights so they'll be applicable to the states government
Substantive law
Actual law. it defines the duties and rights of members of society
Procedural law
the way that the substantive law is made enforced and administered
United States Senate
Composed of 100 members, 2 senators are elected from each state for 6-year terms
House of Representatives
Consists of 435 members, elected every 2 years from the 50 states according to population
Hopper
Basket located at the side of the clerk's desk in the House Chamber, it's used for congressmen to introduce a bill
Sponsor
The individual who introduces the bill
Veto
when a president doesn't enact a bill
Pocket Veto
if the president fails to sign a bill into law for 10 days
Concurrent Resolution
An informal pronouncement by congress that does not have the effect of a law and does not require the signature of the President
Statute
Is the name of federal and state laws
Ordinances
Is the name of local laws
Vehicle Forfeiture initiative
A NYC policy that provides for the forfeiture of one's motor vehicle upon arrest by the police for drunk driving
Drug Testing
The testing of the blood system to determine if one is using or consuming illegal drugs. 40% of the working population is subject to these tests
Procedural due process
Guarantees that before a person's rights can be determined, he or she must be given a fair hearing. A fair hearing consists of the the three elements, notice of the proceeding, opportunity to be heard, and an impartial tribunal