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Download Extending the Bill of Rights “…a living document.”
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Extending the Bill of Rights “…a living document.” Civil War Issues Sectionalism Slavery Missouri Compromise 1820 Dred Scott Decision 1857 Tariffs Secession Industrial v. Agricultural Abe Lincoln elected President 1860 Confederate States of America Union was a compact of sovereign states Civil War Amendments 13th Amendment Black Codes KKK Civil Rights Act Of 1866 15th. Amendment 14th. Amendment Acceptance Mandatory For Readmission Poll Taxes Literacy Tests Grandfather Clauses • All persons born or naturalized in the United States …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 …the equal protection of the laws • Citizenship • Privileges & immunities • Due Process • Equal Protection Review… Dred Scott Emancipation Proclamation Poll Taxes Slaughterhouse Cases Black GrandCodes father Clause Literacy tests Substantive DP Procedural DP Procedures used by Government in… Making Applying Interpreting & enforcing law must be reasonable, consistent & fair The “substance” (purpose) of the law must be constitutional. Government cannot make law applying to areas in which it has no business. Government cannot take actions that interfere with certain areas of your life No group/individual to receive special privileges nor be deprived of certain rights under the law. Legislatures can pass laws that treat people differently, BUT cannot unreasonably or unfairly favor some groups over others. Originally intended to benefit people recently freed from slavery Today it forbids states and local governments from drawing unreasonable distinctions b/t classes of persons 1.Rational Basis Test Michael M v. Superior Court Does the classification in question bear a reasonable relationship to achievement of some proper governmental purpose? Teen Curfews Drivers’ licenses Cigarette smokers 2. The Strict Scrutiny Test Orr v. Orr Does a “compelling governmental interest justify the distinctions drawn? Fundamental Rights “suspect classifications Marbury v. Madison Dartmouth College v. Woodward Fletcher v. Peck Gibbons v. Ogden McCulloch v. Maryland Hammer v. Dagenhart U.S. v. Darby Lumber Co Nat’l League of Cities v. Usery Garcia v. San Antonio Metro Transit Heart of Atlanta motel v. U.S. Griswald v. Conn Bowers v. Hardwick Dred Scott v. Sanford Slaughterhouse Cases Orr v. Orr Berry picking approach B. Cardozo “fundamental to scheme of ordered liberty” Total Incorporation H. Black “all rights in the Bill of Rights are fundamental” Fair Trial Standard F. Frankfurter Selective Incorporation
