POL 374 Lecture Notes - Lecture 5: Due Process Clause, Magna Carta, Fourteenth Amendment To The United States Constitution

• School: University of Miami
• Department: Political Science
• Course: POL 374
• Professor: Sylvia Thompson

Document Summary

Having to pay just compensation if government takes property. Never got another case about grand juries. Substituting judge for a grand jury did not give them due process. Imply that the 14th amendment could be used a little differently. Due process clause which protects against state encroachment. Barron v baltimore: bill of rights only protects people from national government. Privileges and immunities clause: this clause could be a way to get some things in bor to also apply to state governments. Chicago, burlington & quincy railroad vs. chicago (1897) Railroad appealed, lost appeal and got taken away. Appealed to illinois supreme court and gave them their dollar back. The 14th amendment due process clause means that they cant take away life liberty or property without giving the due process. Opinion was, there was a constitutional error, does include a state having to pay a person just compensation if they take their private property for public use.