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Teaching A Lesson. Due Process and Equal Protection Clauses of the 14 th Amendment. Organizational Chart. Self-Reflection Questions. On your own sheet of Cornell Paper put the questions on the left side and your complete and honest answers on the right hand side: What went well?

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teaching a lesson

Teaching A Lesson

Due Process and Equal Protection Clauses of the 14th Amendment

self reflection questions
Self-Reflection Questions
  • On your own sheet of Cornell Paper put the questions on the left side and your complete and honest answers on the right hand side:
      • What went well?
      • How could it have been improved?
      • What did you like the best about teaching this to another student?
      • What did you find to be the most challenging part of this assignment?
collect your body of evidence for grading in order
Collect your Body of Evidence for Grading (in order)
  • Rubric
  • Planning (what you used to teach)
  • Activity
  • Homework
  • Assessment
  • Rubric
  • Self-Reflection
due process
Due Process
  • Origins in the Magna Carta
    • Promise not to exile, imprison, or destroy any free man or his property “except by the lawful judgment of his peers or by the law”
  • “law of the land” means everyone must follow the established rules and before altering or destroying any rights
  • arbitrary:based on or subject to individual discretion or preference or sometimes impulse
  • 5th amendment
  • Ex post facto laws
procedural due process
Procedural Due Process
  • Applies to criminal and civil proceedings
  • Property is included in 14th amendment
  • Guarantees:
    • Requirement of notice
    • fair hearing
    • present evidence
    • appeal
slide7
Adversary System

Inquisitorial System

Specially trained judges investigate case and make decisions

All expected to answer (court-ordered)

Fewer trials, shorter proceedings

Maximizes opportunity for truth to emerge

  • Opposing parties arguing their case
    • Gathering and presenting evidence
    • Witnesses
    • Expose weaknesses in opponent’s case
    • Convince a neutral judge or jury they should win
    • “innocent until proven guilty” and “beyond reasonable doubt”
  • Aka “procedural fairness”
  • Flaws?
  • May not yield truth
  • Could be gap in resources and ability between both sides
  • Flaws?
  • Too much power given to judges-subjectivity
  • No opportunity for a trial with peers which can be more impartial
substantive due process
Substantive Due Process
  • Rights that are so important that no law can be made to take them away
  • Views of fundamental rights have changed over time
  • Some fundamental rights:
    • Right to marry and have children
    • Right to vote
    • Right to refuse medical treatment
    • Right to raise your own children as you see fit
equal protection clause
Equal Protection Clause
  • Prohibits government from denying people “equal protection of the law”
  • Rooted in “all men are created equal” originating in the Declaration of Independence
  • Fair treatment for

all persons based on:

    • Sex, race, national

origin, religion,

political views

separate but equal doctrine
“Separate but Equal” doctrine
  • Plessy v. Ferguson (1896) establishes this practice that lasts almost 60 years
    • Required state-sponsored segregation or the separation of races
brown v board of education
Brown v. Board of Education
  • Original case between NAACP (working with a student) and Topeka school board
  • School district bussed students to achieve segregation
  • On appeal they “demonstrated severe and damaging effects” of segregated schools on the psyche of students
  • Supreme Court decided “separate but equal” in fact not “equal”
how have things changed since the brown case
How have things changed since the Brown case?
  • Classifications or categories of laws are created
  • Levels were created to make sure laws that create classifications don’t violate equal protection guarantees
    • Strict scrutiny (Loving v. Virginia)
    • Intermediate scrutiny (gender/illegitimacy)
    • Rational basis (reasonable laws based on wealth, age, disability)