BLaw 210 1st Edition Lecture 6 Outline of Last Lecture I Quotes Outline of Current Lecture II III IV Quotes Freedoms Protections Current Lecture Assigned Readings Cases in the back of the book after the blue tab Declaration of Independence Chapters 1 4 Chapter 5 V VI VII VIII Since the general civilization of mankind I believe there are more instances of the abridgement of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpations James Madison Major functions of the Constitution a Creates 3 branches of government i Legislative Exec Judicial b Protects individual rights by limiting the government s ability to restrict those rights Government a Government refers to the institutions agencies processes and people that regulate and administer nation states and their internal units b I am for a government rigorously frugal and simple Were we directed from Washington when to sow when to reap we should soon want bread Thomas Jefferson Due Process Clause a Substantive Due Process i Requires governmental laws to be clear and not overly board the test is whether a reasonable person can understand the law b Procedural Due Process i Requires government to give people proper notice and proper hearing before depriving them of life liberty or property These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute IX X XI All too will bear in mind this sacred principle that though the will of the majority is in all cases to prevail that will to be rightful must be reasonable that the minority possess their equal rights which equal law must protect and to violate would be oppression Jefferson Equal Protection a No state shall deny to any person within its jurisdiction the equal protection of laws b Clause i Strict scrutiny test 1 Applied to classification based on race ii Intermediate Scrutiny Test 1 Applied to classifications based on protected classes other than race iii Rational Basis Test 1 Applied to classifications not involving suspect or protected class