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Section 1 to 4

a guarantee that there are certain areas of a person’s life, liberty and property which governmental power may not touch.  a declaratory of fundamental principles and of the basic rights of citizenship.  enumerates some of the private and inalienable rights of the people, and it has been said that the rights protected by the Bill of Rights are those that inhere in the “great and essential principles of liberty and free government.”

 Fundamental characteristic of a republican system  It is “a charter of liberties for the individual and a limitation upon the power of the State” .

nor shall any person be denied the equal protection of the law” .“No person shall be denied life. liberty or property without due process of law.

Board of Education of Topeca . Indefinite   language = adjustability Plessy v. Ferguson Brown v.

 Define   Due Process – persons are guaranteed against:    government arbitrariness laws unreasonably depriving rights conditioned on unreasonable requirement rights unjustifiedly withheld militates against ordinary norms of justice or fair play .

 Define  Due Process – deprivation is done:  under authority of the Law/Constitution. procedure] [Procedural]   Judicial Due Process Administrative Due Process . congenial to Constitution [Substantive] complied with fair and reasonable methods [or manner] of procedure prescribed by law. law is inherently valid. inquiry after notice [knowledge.

 Define  Deprivation Life Liberty take away. withhold property the integrity of the human person  Define   Define  not unbridled license. individual surrenders part of his rights for the benefit of the greater number. confiscate. .

 Define   Property right over the thing. and right to the thing itself    value use capacity for enjoyment .

prejudice hostility individual/class privilege  Define  Classification grouped due to reasonable similarity. Define   Equal Protection – alike treated alike persons are specifically guaranteed against:   government’s undue favoritism. partiality. different from all others due to these similarities .

not Social Equality  Universal Application of Laws . Scope   of Equal Protection Not extended to Political Rights Equal Opportunity.

The right of the people to be secure in their persons. houses. papers. and particularly describing the place to be searched and the persons or things to be seized. and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce. . and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable.

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(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.(1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court. or when public safety or order requires otherwise as prescribed by law. .

material objects   Olmstead v. S 2 Privacy – specific to communication Search and Seizure – tangible. Define   Right to Privacy Left alone. United States Katz v. United States . free from undesired publicity/disclosure Inherent or natural right of human  Differentiated   from Art II.

 Limitations   Lawful order of the court Police Power   Public Safety Public Order  Evidence  Illegally Obtained Inadmissible for any purpose in any proceeding [judicial or administrative] .

 Writ  of Habeas Data A judicial remedy when right to privacy violated or threatened by public official or employee/private person [gather data] .

No law shall be passed abridging the freedom of speech. of expression. or of the press. . or the right of the people peaceably to assemble and petition the government for redress of grievances.