Guarantees and Protection of
Rights
Chapter Objectives
• 1. Examine the rights that are set out in the text
of the original Constitution, the Bill of Rights, and
the Civil War Amendments.
• 2. Understand and apply the principle of state
action.
• 3. Comprehend and assess incorporation of the
Bill of Rights through the Fourteenth
Amendment.
• 4. Learn how additional rights can be added to
the Constitution through the amendment
process.
Constitutional Rights
• As you know the Framers of the
Constitution sought to protect individual
freedoms and rights.
• The Supreme Court has developed
methods and tests in their case opinions to
decide if a constitutional right has been
violated and if so what remedy to render.
• We will see in the chapters that are left
these methods and remedies.
The Principle of State Action
• Who is the only entity that can violate an
individuals constitutional rights?
• The government, (federal, state or local).
• If these entities violate an individual’s
constitutional rights what is it called?
• STATE ACTION
• An individual cannot violate another
individuals constitutional rights.
• Why not?
The Principle of State Action
• Our constitution defines our relationship with the
government not each other. It regulates
government conduct.
• Because if another individual violates our
constitutional rights it is a civil action and you
can sue in court.
• Of course the government can pass statutes to
regulate private conduct .
• What is the case of Deshaney v. Winnebago
County about?
The Principle of State Action
• The child being abused by the father.
• The child sued DCF for not removing him from
the home under due process clause. (liberty)
• The child lost, why?
• No state action, because there is nothing in the
due process clause that requires the state to
protect the life, liberty or property against
invasion from private action.
• What does this mean?
The Principle of State Action
• Our constitution deals with Large Concerns of
the governors and the governed.
• It does not lay down rules of conduct to regulate
liability for injuries that attend being together in
society.
• Unless the private conduct becomes significantly
involved with conduct by the government then it
can be considered State Action.
• Can anyone give me an example?
State Action and the
Thirteenth Amendment
• What is the thirteenth amendment?
• It states:
• “Neither slavery nor involuntary servitude, except as a
punishment for crime whereof the party shall have been
duly convicted, shall exist within the United State, or any
place subject to their jurisdiction."
• This amendment forbade the government from violating
constitutional rights.
• Now is this amendment forbidding private individuals
from violating the constitution a law?
Rights in Original Text of the
Constitution
• What are they?
• Article l, sections 9 and 10:
1. Writ of Habeas corpus
2. No titles of Nobility
3. No ex post facto law
4. No bills of attainder
5. No impairment of contracts by states
(contract clause)
Rights in Original Text of the
Constitution
• Article IV:
• Citizens of each state are entitled to all
privileges and immunities of citizens of
the other states.
• Article VI, Section 3:
• No religious tests for federal office.
• Article III:
• Jury trial in federal cases.
Rights in Original Text of the
Constitution
•
•
•
•
•
What is a writ of habeas corpus?
What is an ex post facto law?
What is a bill of attainder?
What is the contract clause?
What are the privileges and immunities
clause?
• When was the bill of rights enacted?
• 1791!
Rights in Original Text of the
Constitution
•
•
•
•
•
•
•
Do the bill of rights apply to the States?
NO
How have some of the bill of rights been
applied to the States?
Incorporation thru Supreme Court Opinions.
The Due Process Clause. Where is it found?
What is the Due Process Clause?
“No person shall be deprived of life, liberty or
property without due process of law.”
Rights in Original Text of the
Constitution
• How was the due process clause apply to
the states?
• Thru the fourteenth amendment. What
does it say?
• “ no state shall deprive life, liberty or
property without due process of law.
• What is the equal protection clause?
• What are some of the bill of rights
incorporated the by the Supreme Court?
Rights in Original Text of the
Constitution
•
•
•
•
Fourth amendment.(searches and seizures)
Fifth amendment. (double jeopardy; no self
incrimination, no taking of property without just
compensation)
Sixth amendment. (right to public trial; right to
be informed of formal charges; right to trial by
jury; right to confront witnesses; right to a court
appointed lawyer)
Eighth amendment. (no cruel and unusual
punishment)
Rights in Original Text of the
Constitution
•
How do does the Supreme Court determine which
rights get incorporated and which do not?
• The test is:
1. Is the right among those fundamental principles of
liberty and justice that lie at the base of our civil and
political institutions?
2. Is it basic to our system of justice?
3. Is it fundamental to our concept of ordered liberty?
• If the answer is yes it gets incorporated.
The Civil War Amendments
• What are the Civil War Amendments?
• The 13th , 14th , and 15th amendments.
• Why are they called the civil war
amendments?
Amending the Constitution
• How is the Constitution amended?
• One way is by two thirds vote of house and
senate and the amendment has to be ratified by
two thirds of the states.
• Second way is by two thirds of the states apply
to the congress for an amendment then the
congress has to call a constitutional convention
for proposing the amendments and the
amendments must be approved by three fourths
of the states.
Amending the Constitution
• What is the 27th amendment?
• “No Law, varying the compensation for services
of the Senators and Representatives, shall take
effect until an election of Representatives shall
have intervened.”
• What was the purpose of the amendment?
• To force Congress to face the voters in an
election before a pay raise could take effect.
THE END