Life, Liberty, and Property

Chapter 16

Who Gets Constitutional Protection?

Citizenship – prior to the 14th amend. each state set citizenship requirements

Who are citizens? Today anyone born in the U.S. (except to foreign ambassadors) Anyone born to U.S. citizens living abroad Anyone with American citizen as parent if the parent has lived in the

U.S. for at least 5 years and two of which were after the age of 14 Native Americans recognized as citizens in 1924 by Congress

Who Gets Constitutional Protection? Naturalization – legal action conferring citizenship on an alien

Requirements determined by Congress Non-enemy over 18 Has been lawfully admitted for permanent residence Resided in the U.S. for at least 5 years and state for 6 months Filed a petition of naturalization Able to read, write, and speak English Possesses a good moral character Understands the history, principles, and government of the U.S.

Aliens are given some constitutional protection but are not entitled to all (can speak freely, cannot vote) Illegal aliens granted even fewer protections

Admission Aliens have no right to enter the U.S. (it is a privilege) Congress determines the number, terms, and conditions to

which aliens may enter and stay 675,000 non-refugee aliens are allowed to come as permanent

residents Another 125,000 aliens (refugees) are permitted – must be in

danger of being persecuted by their home countries Limits the number from individual countries Preference – family reunification, specially skilled, millionaires!! Once here, legal aliens are counted in the census and must pay

taxes; they may be detained/deported for a variety of reasons

Property Rights Constitution has a variety of clauses to protect property rights – the

right to own, use, rent, invest in, buy, and sell property

Contract clause – intended to limit government involvement in personal contracts Government can override a contract if public is harmed

Eminent domain – federal and state power to take private property for public use, but the owner must be fairly compensated

5th Amendment protection

Due Process Rights Due process – rules and regulations that restrain the government

(5th and 14th amendments)

Procedural Due Process – government must proceed by proper methods; limits how government power will be exercised

Substantive Due Process – limits what government may do (there are certain things that government should not be able to do)

Privacy Rights Privacy is not expressly mentioned in the

Constitution

Supreme Court has pulled together elements of several amendments to recognize that privacy is one of the protected rights that citizens have

Controversial issues arise (abortion & gay rights)

Rights of the Accused

Freedom from unreasonable search and seizures; probable cause needed for warrant to be issued

General search warrants are unconstitutional (writs of assistance)

Warrantless searches in public places are allowed if there is probable cause or reasonable suspicion

Rights of the Accused

Exceptions

Plain view Exigent circumstances Automobile exception Foreign agents Administrative searches by non-government agents do not

require warrants Racial profiling – may be used to stop terrorist activity Random drug test for some is constitutional (rail employees, HS

extracurricular students)

Rights of the Accused Exclusionary Rule – evidence obtained illegally cannot be used in court Right to remain silent – do not have to testify against yourself; burden of

proof is on the government, not the individual Miranda Warning – announces the rights of the accused Fair Trial Right to Counsel Government must provided evidence to grand jury for an indictment Speedy and public trial Trial by jury Judge is forbidden to sentence guilty party to excessive fines or cruel and unusual punishment Cannot be tried for same crime twice Right to appeal