American Legal History II
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14thAmendment-DueProcess.pptxTonight’s Timeframe . . .
Reconstruction → 1865 - 1877
Gilded Age → 1870s - 1900
Progressive Era → 1890s - 1920
American Imperialism → 1880s - 1914
World War I → 1914 - 1918
The Roaring Twenties → 1920 - 1929
Great Depression & New Deal → 1929 - 1941
World War II → 1941 - 1945
American Legal History II
14th Amendment and Due Process
What is the role of law in society?
To what extent did the 14th Amendment change the role of law in society?
Did the 14th Amendment make the federal government the "primary authority over the states and the rights of individuals?
The Bill of Rights
1st Amendment - Religion, Speech, Press, Assembly, Petition for Redress
2nd Amendment - Right to bear arms
3rd Amendment - No quartering of soldiers
4th Amendment - Against unreasonable search and seizure
5th Amendment - Grand Jury, Double Jeopardy, Due Process, Eminent Domain
6th Amendment - Speedy and Public Trial by Jury, Confrontation, Counsel
7th Amendment - Trial by Jury in Civil Cases
8th Amendment - Against cruel and unusual punishment & excessive bail
Due Process - Background
Magna Carta (1215)
NY State Constitution
5th Amendment:
“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;”
Deprivation:
Life, Liberty, and Property
Fair procedures → Accurate (not preferred) Results
Trust in Government
Due Process - Types
“Selective Incorporation” of the Bill of RIghts - 1920s, on
Procedural → Process/Procedures; If gov’t acts in ways that violate prescribed procedures for administering law, courts strike the action down.
Substantive → Substance/Laws, Government Action; If government deprives “life, liberty, and property,” in law or action, despite established procedures in ways that are arbitrary and unreasonable, court will strike action down.
Due Process Test:
End (State/National Constitutional Goals) of the Law and Means (reasonable and suitable) to achieve it need to be considered.
If end and means are outside Constitutional bounds, law/action is unconstitutional
Due Process Incorporation - Criminal Cases
Before and After 14th → States and Bill of Rights Ambiguity
Hurtado v. California (1884)
Lochner v. NY (1905)
Gitlow v. NY (1925)
Malloy v. Hogan (1959)
Mapp v. Ohio (1961)
Gideon v. Wainwright (1963)
Miranda v. Arizona (1966)
McDonald v. Chicago (2010)
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; 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.
14th Amendment
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of 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 within its jurisdiction the equal protection of the laws.
Due Process Incorporation - Hurtado v. California (1884)
Affair and fatal shooting
CA Indictment → No Grand Jury
Did the 14th Amendment make the 5th Amendment Grand Jury indictment applicable to state criminal trials?
7 - 1 Decision:
Excerpts
Due Process Incorporation - Lochner v. NY (1905)
Context:
Gilded Age → Progressive Era
Labor Law
Issues:
Bakery Owner → NY Bakeshop Act → 2nd Offense
Police Power - state enforcement of laws
Substantive Due Process
Ushers in “Lochner Era”
5 - 4 Decision:
Excerpts
Due Process Incorporation - Gitlow v. NY (1925)
Context:
Red Scare
Anti-Government Publication (1919)
WW1 - “Clear and Present Danger”
NY “Criminal Anarchy” Statute
Does the First Amendment prevent a state from punishing political speech that directly advocates the government's violent overthrow?
7 - 2 Decision:
Step toward incorporation
What is the role of law in society?
Did the 14th Amendment make the federal government the "primary authority over the states and the rights of individuals?
To what extent did the 14th Amendment change the role of law in society?
