All Flashcards
What is the role of the Supreme Court in relation to due process?
Interprets the Due Process Clause and applies it to specific cases, defining the scope of individual rights.
What is the main idea of the 14th Amendment's Due Process Clause?
No state shall deprive any person of life, liberty, or property, without due process of law.
Define Due Process Clause.
Ensures fairness in legal proceedings; protects against arbitrary government actions.
Define Right to Privacy.
Inferred constitutional right protecting personal decisions and autonomy.
Define Procedural Due Process.
Ensures the government follows fair procedures when taking away life, liberty, or property.
Define Incorporation.
Applying the Bill of Rights to the states through the 14th Amendment's Due Process Clause.
Define Substantive Due Process.
Protects fundamental rights not explicitly listed in the Constitution.
Define Selective Incorporation.
Applying the Bill of Rights to the states through the 14th Amendment's Due Process Clause, on a case-by-case basis.
What is the Exclusionary Rule?
Illegally obtained evidence cannot be used in a criminal trial.
What are fundamental rights?
Rights considered essential to liberty and happiness; protected by substantive due process.
What is the 14th Amendment?
Amendment that includes the Due Process Clause, used for incorporation and protecting individual rights.
Define Indigent.
Lacking the financial means; poor or impoverished.