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Chapter 20: Civil Liberties: ProtectingIndividual Rights
Section 1
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Copyright Pearson Education, Inc. Slide 2Chapter 20, Section
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Objectives
1. Explain the meaning of due process oflaw as set out in the
5th and 14thamendments.
2. Define police power and understand itsrelationship to civil
rights.
3. Describe the right of privacy and itsorigins in
constitutional law.
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Copyright Pearson Education, Inc. Slide 3Chapter 20, Section
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Key Terms
due process: the guarantee that thegovernment will act fairly
and according tothe law
procedural due process: how thegovernment acts in terms of its
methodsand procedures
substantive due process: why thegovernment acts in terms of its
policiesand the reasons for them
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Copyright Pearson Education, Inc. Slide 4Chapter 20, Section
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police power: the authority of each stateto protect and promote
the public health,safety, morals, and general welfare
search warrant: a court order authorizinga search
Key Terms, cont.
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Copyright Pearson Education, Inc. Slide 5Chapter 20, Section
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Introduction
Why is the concept of due processimportant to a free
society?
Due process forces the government to act in ajust and fair way
toward all citizens, enforcingall laws in an equal fashion.
Due process also requires the nations laws tobe fair, without
unjust prejudice toward anygroup.
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Copyright Pearson Education, Inc. Slide 6Chapter 20, Section
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Due Process
The Constitution has two due process clauses.
The 5th Amendment prohibits the federalgovernment from depriving
any person of life,liberty, or property, without due process of
law.
The 14th Amendment extends this prohibition toall state and
local governments and extends mostof the protections of the Bill of
Rights to thestates.
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Copyright Pearson Education, Inc. Slide 7Chapter 20, Section
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Types of Due Process
Why are both procedural and substantive dueprocess
necessary?
Both proceduresand laws must befair for due processto be
effective.
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Copyright Pearson Education, Inc. Slide 8Chapter 20, Section
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What is Due Process?
There is no exactdefinition of dueprocess. The meaningof due
process hasbeen defined by theSupreme Court on acase-by-case
basis.
In the cartoon at right, isit possible that theprisoners
complaint isjustified? Explain.
Interpreting Political Cartoons Question Answer: Student answers
will vary, buta possible answer is: No. Due process guarantees a
fair trial, but not acquittal.
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Copyright Pearson Education, Inc. Slide 9Chapter 20, Section
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Examples of Due Process
In one procedural case, police officersbroke into a suspects
room and laterpumped his stomach to recoverevidence of drugs. The
Court threw outthis case as a violation of due process.
NOTE TO TEACHERS: This example refers to Rochin v. California,
1952.
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Copyright Pearson Education, Inc. Slide 10Chapter 20, Section
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In a substantive due process case, theCourt ruled that an Oregon
lawrequiring children to attend only publicschools violated due
process because itwas unfair to prevent children fromattending
private schools.
Examples of Due Process, cont.
NOTE TO TEACHERS: This example refers to the case Pierce v.
Society ofSisters, 1925
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Copyright Pearson Education, Inc. Slide 11Chapter 20, Section
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Examples, cont.
Standards for dueprocess apply to thecollection of
evidence,including forensicevidence.
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Copyright Pearson Education, Inc. Slide 12Chapter 20, Section
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The Police Power
States have a reserved police power tosafeguard the well-being
of their people.
States must balance individual rights versusthe needs of society
when using this power.
To protect public safety, states are allowed to testpeople to
determine if they are drunk while driving,even without a search
warrant or an individualsconsent
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Copyright Pearson Education, Inc. Slide 13Chapter 20, Section
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Police Power, cont.
States have broad authority to use theirpolice powers in the
public interest.
To promote health, states can require childvaccinations, make
laws to reduce pollution,and limit the sale of alcohol and
tobacco.
To promote general welfare, states can aidthe medically needy
and require young peopleto attend school.
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Copyright Pearson Education, Inc. Slide 14Chapter 20, Section
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Police Power, cont.
To promote morals,states can regulategambling and
outlawprostitution.
To promote safety,states can require theuse of seat belts,
banthe use of cell phoneswhile driving, andpunish drunk
drivers.
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Copyright Pearson Education, Inc. Slide 15Chapter 20, Section
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Right to Privacy
The Constitution does not specificallymention the right to
privacy.
The Supreme Court has ruled that under the14th Amendments Due
Process Clause,individuals have a broad right to be free
fromunwanted government intrusions into theirpersonal privacy.
Cases involving state attempts to limit accessto abortion have
tested this right.
NOTE TO TEACHERS: The second bullet involves the cases Stanley
v.Georgia, 1969 and Griswold v. Connecticut, 1965
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Copyright Pearson Education, Inc. Slide 16Chapter 20, Section
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Roe v. Wade
In the 1973 case Roe v. Wade, the Court struckdown a Texas law
that made abortion illegalunless needed to save the mothers
life.
The Court ruled that: In the first trimester of pregnancy, a
state must
recognize a womans right to an abortion. The state can regulate
abortions in the second
trimester of pregnancy. The state can ban abortions in the third
trimester
unless they are medically necessary.
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Copyright Pearson Education, Inc. Slide 17Chapter 20, Section
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Changes to Roe v. Wade
Checkpoint: How has the Supreme Courtmodified its Roe v. Wade
ruling in laterdecisions?
The Court has allowed states to ban abortions inpublicly
operated hospitals or clinics.
The Court has upheld state laws requiring minors tonotify a
parent before obtaining an abortion.
The Court has allowed state laws that placereasonable limits on
a womans right to an abortionif no undue burden is caused.
NOTES TO TEACHERS: The first ruling came in Webster v.
ReproductiveHealth Services, 1989. The second ruling was from Ohio
v. Akron Center forReproductive Health. The third ruling was from
Planned Parenthood ofSoutheastern Pennsylvania v. Casey, 1992.
Checkpoint Answer: See the list of modifications given on the
slide above.
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Copyright Pearson Education, Inc. Slide 18Chapter 20, Section
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Recent Cases
Changes in the membership of theSupreme Court can alter how the
Courtinterprets a case.
In 2000, the Court struck down a state ban onpartial-birth
abortions as representing anundue burden on women.
In 2007, the Court upheld a federal lawbanning the same
procedure, arguing that itdid not place an undue burden on
women.
NOTE TO TEACHERS: The 2000 case was Stenberg v. Carhart. The
2007case was Gonzales v. Carhart.
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Copyright Pearson Education, Inc. Slide 19Chapter 20, Section
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Review
Now that you have learned about why theconcept of due process is
important to afree society, go back and answer theChapter Essential
Question. To what extent has the judiciary protected the
rights of privacy, security, and personalfreedom?
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