Teaching A Lesson

1. Teaching A Lesson Due Process and Equal Protection Clauses of the 14th Amendment

2. Organizational Chart

3. 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?

4. Collect your Body of Evidence for Grading (in order) • Rubric • Planning (what you used to teach) • Activity • Homework • Assessment • Rubric • Self-Reflection

5. 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

6. Procedural Due Process • Applies to criminal and civil proceedings • Property is included in 14th amendment • Guarantees: • Requirement of notice • fair hearing • present evidence • appeal

7. 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

8. 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

9. 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

10. “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

11. 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”

12. 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)