1. Good Day! DRAW A LINE SEPARATING TODAY & YESTERDAY 1) Write: Date: 09/17/09 , Topic: Due Process 2) On the next line, write “ Opener #14 ” and then: 1) Plot your mood, reflect in 1 sent . 2) Respond to the opener by writing at least 2 sentences about : Your opinions/thoughts OR/AND Questions sparked by the clip OR/AND Summary of the clip OR/AND Other things going on in the news. Announcements: None Intro Music: Untitled

2. Article 1, Section 8, Clause 3: Interstate Commerce “ Congress shall have power to… regulate commerce… among the several states” 1) Heart of Atlanta Motel v. US (1964) Racism can have a substantial effect of interstate commerce. 2) US v. Lopez (1995) and US v. Morrison (2000) Local acts of violence has NO substantial effect on interstate commerce. 3) US v. Lopez (1995) and US v. Morrison (2000) Local acts of violence has NO substantial effect on interstate commerce.

3. Agenda 1) Due Process What you will be able to do: 1) What is due process? Reminder 1) Today’s Constitution Day (1787)

4. Notes #14a , Title: “ Due Process Notes ” 1) Constitution A1: Congress A1S8C1: Tax + Spend A2: President A3: Fed Courts A1S8C3 Interst. Commer. Veto + carrying out laws Ex Orders + Sign. Statements Judicial Review Subst. DP

5. Rule of Law (but NASCAR style)

6. Notes #14a , Title: “ Due Process Notes ” 2) Due Process (DP) : Legal concept that gov must respect your legal rights ( Magna Carta ). 3) Procedural Due Process : Legal concept that gov must follow pre-determined steps ( accepted ) 4) Substantive Due Process : Legal concept that the content of the law may not take way fundamental liberty ( strict int. reject S DP ) Lochner v. NY (1905) > Roe v. Wade (1973) 5) Fundamental Liberty : Bill of Rights (accepted), personal privacy: body + family issues (st int reject) 6) 5 th Amendment (1791) : Along with other things, 5 says federal gov must give you DP. 7) 14 th Amendment (1868) : Along with other things, 14 says states must give you DP. 8) Selective Incorporation : Courts over series of cases order states to obey S DP (parts of BOR > personal privacy) 1: Gitlow v. NY (1925) 6: Gideon v. Wainwright (1963)

7. Notes #14a , Title: “ Due Process Notes ” 2) Due Process (DP) : Legal concept that gov must respect your legal rights ( Magna Carta ).

8. Notes #14a , Title: “ Due Process Notes ” 3) Procedural Due Process : Legal concept that gov must follow pre-determined steps ( accepted ) 4) Substantive Due Process : Legal concept that the content of the law may not take way fundamental liberty ( strict int. reject S DP ) Lochner v. NY (1905) > Roe v. Wade (1973)

9. Notes #14a , Title: “ Due Process Notes ” 5) Fundamental Liberty : Bill of Rights (accepted), personal privacy: body + family issues (st int reject)

10. Work #14a , “ S DP Debate ” 1) Read the 2 sides, choose 1 side, and write which you choose and explain why . 2) Then write down what your partner thinks ( include their name at the end ). 1 2 3 4 5 CON: Keep S DP 1) The Constitution is a starting place for rights, not an ending place 2) Protecting fundamental liberty is the heart of a democracy and the Constitution PRO: Go back to just having P DP (Pre-1900s) 1) New rights can be added through amendments 2) What gives the court the power to make up rights and override laws

11. Notes #14b , Title: “ Due Process Notes ” 6) 5 th Amendment (1791) : Along with other things, 5 says federal gov must give you DP. 7) 14 th Amendment (1868) : Along with other things, 14 says states must give you DP ( leading to incorporation )

12. 5 th Amendment (1791) : 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 a) Only accused can refuse to talk ( self-incrim ) b) Fed gov protect procedural+substantive DP c) Gov force you to sell to it your property, it can re-sell for common good ( eminent domain )

13. 14 th Amendment (1868) : All persons born or naturalized… are 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… equal protection of the laws. a) Ppl born here are citizens b) States protect procedural+substantive DP c) States give everyone equal treatment Reverse incorporation : 5 th SDP say Fed must give equal protection for all ppl too.

14. Notes #14b , Title: “ Due Process Notes ” 8) Selective Incorporation : Extending parts of the BOR to states case by case thru 14th ( P+S DP ). 1: Gitlow v. NY (1925) 6: Gideon v. Wainwright (1963) 2 nd Amend. has not yet been incorporated.

15. Work #15a , “ Incorporation Debate ” 1) Read the 2 sides, choose 1 side, and write which you choose and explain why . 2) Then write down what your partner thinks ( include their name at the end ). 1 2 3 4 5 CON: The Bill of Rights was written to protect from Fed gov, not state 1) The framers wanted to keep state power, not twist it words to limit it 2) State’s own state constitutions protect ppl PRO: Of course state/local gov must obey the most the Bill of Rights 1) The BOR is list of fund. liberties. 2) All govs must be kept from being abusive

16. Review 2) Due Process (DP) : Legal concept that gov must respect your legal rights ( Magna Carta ). 3) Procedural Due Process : Legal concept that gov must follow pre-determined steps ( accepted ) 4) Substantive Due Process : Legal concept that the content of the law may not take way fundamental liberty ( strict int. reject S DP ) Lochner v. NY (1905) > Roe v. Wade (1973) 5) Fundamental Liberty : Bill of Rights (accepted), personal privacy: body + family issues (st int reject) 6) 5 th Amendment (1791) : Along with other things, 5 says federal gov must give you DP. 7) 14 th Amendment (1868) : Along with other things, 14 says states must give you DP. 8) Selective Incorporation : Courts over series of cases order states to obey S DP (parts of BOR > personal privacy) 1: Gitlow v. NY (1925) 6: Gideon v. Wainwright (1963)

17. Workbook peer check: Have your partner look at your notebook to see if the formatting is correct, get their signature under Work#5a

18. Workbook Check: Remember you workbook is turned in each marking period for 100 points! Homework: 1) No homework.