Due Process in the 5th and 14th Amendments notes

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Due Process in the Fifth and Fourteenth Amendments 1112
CG6.b: Analyze due process law expressed in the Fifth and Fourteenth Amendments
General Background on Due Process
 Due process basically means:

Due process protects people involved in the …
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Due process also protects our rights in Amendment I:
Fifth Amendment (Ch. 3.4):
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Before trial, the accused must be ______________________ by a __________________ jury.
Double jeopardy is not allowed. Double jeopardy means:

As a defendant, you “plead the fifth.” What right is this in the amendment?
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What three things can you not be deprived of without due process of law?
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What is required of the government if it wants to take your property? What is this right/power of
government to take your property called?
Fourteenth Amendment (Ch. 13.1):
 States cannot abridge the privileges and immunities of U.S. citizens, according to the amendment.
Answer the following:
--What does “abridge” in this context mean?
--How does this amendment define citizenship?

States are not allowed to deprive a person of ________________, ___________________ and
____________________ without __________________________________. How does this relate to the
Fifth Amendment?

Under the Fourteenth Amendment, all people in this country are __________________ under the law.
--“Equal protection” protects our _____ rights.
--“Equal protection” protects citizens from being _____________________ against.
Selective Incorporation, Ch. 13.1 (CG6.c) Answer on back of this sheet.
 What does “incorporation” mean?

What is unique about how the Supreme Court viewed the Bill of Rights in the 19th century?
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The Supreme Court used what part of the Fourteenth Amendment to begin the process of selective
incorporation?
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Which right was the first one to be incorporated by the Supreme Court on the state and local level? What
is the name of the case?

For the average citizen, why is incorporation important?

Civil Liberties and Civil Rights
--Civil liberties:
--Civil rights:
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