Rights to Life Liberty and Property

Ace Practice Test

I.    CITIZENSHIP

    A.    DRED SCOTT V. SANFORD (1857)

    B.    CIVIL WAR AMENDMENTS (abridged)

Amendment XIII: Prohibition of slavery

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Amendment XIV: Citizenship; Privilegesor Immunities; Due Process; Equal Protection

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Amendment XV: Race and the right to vote

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

    C.    NATIONAL CITIZENSHIP    

        1.    JUS SOLI

        2.    JUS SANGUINIS

        3.     NATURALIZATION

    D.    STATE CITIZENSHIP

II.      DISMANTLING SCHOOL SEGREGATION

    A.   THE GENESIS:  BROWN V. BOARD OF EDUCATION , 1954   

    B.   BUSSING (SWANN v. CHARLOTTE-MECKLENBURG, 1971) - Unintended Consequence:  "White Flight"

III.     ATTACKING SEGREGATION IN SOCIETY

    A.    DE JURE SEGREGATION

    B.    DE FACTO SEGREGATION

    C.    RACIAL PREFERENCES/AFFIRMATIVE ACTION (PRO/CON)

IV.      GENDER AND EQUAL RIGHTS (Three Tired Tests)

    A.    "OLD" PROTECTIONISM

    B.    POLITICAL AND LEGAL EQUALITY FOR WOMEN  (ERA) 

    C.    "NEW" PROTECTIONISM

        1.    EXPANSION OF GENDER DISCRIMINATION ISSUES

        2.    COMPARABLE WORTH  (critiqued)

V.        RIGHTS OF PERSONS ACCUSED OF CRIMES

     A.    FOURTH AMENDMENT RIGHTS           

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

        1.    REASONABLENESS STANDARD - PROBABLE CAUSE

        2.    SEARCHES WITH WARRANTS

        3.    SEARCHES WITHOUT WARRANTS

        4.     EXCLUSIONARY RULE

    B.    FIFTH AMENDMENT RIGHTS           

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

        1.    GRAND JURY INDICTMENT

        2.    JUST COMPENSATION FOR PROPERTY SEIZED FOR PUBLIC USE

        3.    PROTECTION AGAINST SELF INCRIMINATION

        4.    NO DOUBLE JEOPARDY

        5.    NO TAKING OF LIFE, LIBERTY OR PROPERTY WITHOUT DUE PROCESS

   C.    SIXTH AMENDMENT RIGHTS

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

        1.    SPEEDY AND PUBLIC TRIAL

        2.    IMPARTIAL JURY

        3.    LOCAL TRIAL

        4.    KNOWLEDGE OF ACCUSATIONS

        5.    CONFRONTATION OF WITNESSES

        6.    COMPULSORY OBTAINING OF WITNESSES

        7.    RIGHT TO COUNSEL       

VI.    OTHER ISSUES

    A.    SECOND AMENDMENT (GUN CONTROL:   PRO's & CON's

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Supreme Court Rules 2nd Amendment is a Personal Right

    B.    SEVENTH AMENDMENT:  JURIES IN FEDERAL CIVIL CASES   

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

    C.    EIGHTH AMENDMENT

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

        1.    CRUEL AND UNUSUAL PUNISHMENTS

        2.    EXCESSIVE BAIL

    D.    NINTH AMENDMENT:  AN INVITATION TO JUDICIALLY CREATED RIGHTS

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

VII.    RIGHTS AND DUTIES  - A COROLLARY RELATIONSHIP

Key Web Sites

The Federalist Society

Historic Supreme Court Decisions