Glossary
14th Amendment
A post-Civil War amendment that granted citizenship to all persons born or naturalized in the U.S. and contains several crucial clauses, including the Due Process and Equal Protection Clauses.
Example:
The 14th Amendment was pivotal in the Civil Rights Movement, providing the legal basis for challenging segregation and discrimination.
Dobbs v. Jackson Women's Health Organization (2022)
A landmark Supreme Court case that overturned *Roe v. Wade*, ruling that the Constitution does not guarantee a right to abortion and returning the authority to regulate abortion to individual states.
Example:
The decision in Dobbs v. Jackson Women's Health Organization significantly altered the legal landscape of abortion access across the United States.
Due Process Clause
A clause in the 14th Amendment stating that no state shall deprive any person of life, liberty, or property, without due process of law. It ensures fairness in legal proceedings and protects against arbitrary government actions by states.
Example:
When a state government tries to take away someone's land for a public project, the Due Process Clause requires them to follow fair procedures and provide just compensation.
Eisenstadt v. Baird (1972)
A Supreme Court case that extended the right to use contraceptives to unmarried individuals, affirming that the right to privacy applies to individuals, not just married couples.
Example:
Eisenstadt v. Baird expanded reproductive freedom, ensuring that single individuals had the same access to birth control as married couples.
Fair Hearing
A key requirement of procedural due process, entitling individuals to a just and equitable hearing before an unbiased decision-maker.
Example:
A defendant in a criminal case is guaranteed a fair hearing where all rules of evidence and procedure are followed.
Gideon v. Wainwright (1963)
A landmark Supreme Court case that guaranteed the right to counsel for indigent (poor) defendants in state criminal felony trials, incorporating the Sixth Amendment's right to an attorney.
Example:
After Gideon v. Wainwright, even if you can't afford a lawyer, the state must provide one for you in serious criminal cases.
Griswold v. Connecticut (1965)
A landmark Supreme Court case that established the constitutional right to privacy, specifically in marital relations, by striking down a state law banning contraceptives.
Example:
The ruling in Griswold v. Connecticut laid the groundwork for future privacy cases, affirming that individuals have a zone of personal autonomy.
Impartiality
A key requirement of procedural due process, ensuring that government actions and decision-makers are fair and unbiased.
Example:
A judge presiding over a trial must demonstrate impartiality, treating both the prosecution and defense fairly.
Incorporation
The process by which the Supreme Court has applied most of the Bill of Rights to the states through the Due Process Clause of the 14th Amendment.
Example:
The Supreme Court's decision in Gideon v. Wainwright was a significant act of incorporation, applying the Sixth Amendment's right to counsel to state trials.
Mapp v. Ohio (1961)
A landmark Supreme Court case that applied the exclusionary rule to the states, prohibiting the use of illegally obtained evidence in state criminal trials.
Example:
Thanks to Mapp v. Ohio, evidence found during an illegal search by state police cannot be used against a defendant in court.
Notice
A key requirement of procedural due process, ensuring that individuals are informed of the charges or actions against them.
Example:
If the city plans to fine you for a parking violation, they must provide proper notice of the alleged offense.
Opportunity to be Heard
A key requirement of procedural due process, guaranteeing individuals the right to present their defense or arguments before a decision is made.
Example:
In a disciplinary hearing, a student must be given an opportunity to be Heard and explain their actions.
Palko v. Connecticut (1937)
A Supreme Court case that established the concept of selective incorporation, ruling that only fundamental rights essential to liberty and justice would be applied to the states.
Example:
While Palko v. Connecticut didn't incorporate the double jeopardy clause, it set the standard for how the Court would selectively apply the Bill of Rights to the states.
Procedural Due Process
The principle that the government must follow fair procedures when taking away a person's life, liberty, or property. It focuses on *how* the government acts.
Example:
Before a student can be expelled from a public school, procedural due process requires they receive notice of the charges and an opportunity to present their side.
Reliable Evidence
A key requirement of procedural due process, mandating that government decisions be based on sound and credible evidence.
Example:
A police officer needs to present reliable evidence to a judge to obtain a search warrant.
Right to Privacy
An unenumerated constitutional right inferred from various amendments, protecting an individual's personal decisions and autonomy from government interference.
Example:
The right to privacy allows individuals to make personal choices about their medical treatments without government intrusion.
Roe v. Wade (1973)
A landmark Supreme Court case that established a woman's constitutional right to an abortion, based on the inferred right to privacy.
Example:
For decades, Roe v. Wade was the precedent that protected a woman's ability to make decisions about her reproductive health.
Substantive Due Process
The principle that protects fundamental rights not explicitly listed in the Constitution from government interference. It focuses on the *content* or substance of the law.
Example:
The Supreme Court used substantive due process to protect the right to marry, even though it's not explicitly mentioned in the Constitution.