For Wednesday, read
- Martin Luther King, "Letter from Birmingham Jail," https://www.africa.upenn.edu/Articles_Gen/Letter_Birmingham.html
- ACLU of Southern California, "Dealing with Law Enforcement," https://www.aclusocal.org/en/dealing-law-enforcement
A puzzle from Federalist 84: “I go further, and affirm that bills of rights, in the sense and to the extent in which they are contended for, are not only unnecessary in the proposed Constitution, but would even be dangerous.”
Watch for two very different meanings of dual citizenship.
- Barron v. Baltimore (Lowi, p, 89)
- Dual citizenship and other countries
The Due Process Clause and Selective Incorporation (p.93-94)
- There were established churches in the early years.
- Lemon v. Kurtzman
- must have a secular purpose
- must have a principal or primary effect that does not advance or inhibit religion, and
- cannot foster an excessive government entanglement with religion.
- Bye, bye, Lemon v Kurtzman, Hello Kennedy v. Bremerton
- Free speech, libel. and slander: keep in mind the difference between civil and criminal cases.
Amendment III No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
- The Exclusionary Rule (p. 107) and A 1971 movie that suggests public attitudes during the Nixon era.
Amendment V 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 offense 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.
Amendment VI In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
Amendment VII In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
Amendment VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
- Privacy and test cases
- Roe and Dobbs
Amendment X The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
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