BLaw 210 1st Edition Lecture 6 Outline of Last Lecture I. QuotesOutline of Current Lecture II. QuotesIII. FreedomsIV. ProtectionsCurrent LectureAssigned Readings: Cases in the back of the book after the blue tab, Declaration of Independence; Chapters 1-4, Chapter 5V. 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 thosein power than by violent and sudden usurpations. (James Madison)VI. Major functions of the Constitutiona. Creates 3 branches of governmenti. Legislative, Exec, Judicialb. Protects individual rights by limiting the government’s ability to restrict those rightsVII. Governmenta. Government refers to the institutions, agencies, processes, and people that regulate and administer nation states and their internal unitsb. “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 JeffersonVIII. Due Process Clausea. Substantive Due Processi. Requires governmental laws to be clear and not overly board; the test is whether a reasonable person can understand the lawb. Procedural Due Processi. 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. 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. – JeffersonX. Equal Protectiona. No state shall…deny to any person within its jurisdiction the equal protection of lawsb. Clausei. Strict scrutiny test1. Applied to classification based on raceii. Intermediate Scrutiny Test1. Applied to classifications based on protected classes other than raceiii. Rational Basis Test1. Applied to classifications not involving suspect or protected
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