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CRS Annotated Constitution

FOURTEENTH AMENDMENT1559
RIGHTS GUARANTEED1559
PRIVILEGES AND IMMUNITIES OF CITIZENSHIP,1559
DUE PROCESS AND EQUAL PROTECTION1559
SECTION 1. RIGHTS GUARANTEED1565
SECTION 1. RIGHTS GUARANTEED: CITIZENS OF THE UNITED STATES1565
SECTION 1. RIGHTS GUARANTEED: PRIVILEGES AND IMMUNITIES1568
SECTION 1. RIGHTS GUARANTEED: DUE PROCESS OF LAW1572
The Development of Substantive Due Process1572
“Persons” Defined1578
Police Power Defined and Limited1579
“Liberty”1581
SECTION 1. RIGHTS GUARANTEED1581
DUE PROCESS OF LAW1581
Liberty of Contract1581
Regulatory Labor Laws Generally1581
Laws Regulating Hours of Labor1586
Laws Regulating Labor in Mines1586
Law Prohibiting Employment of Children in Hazardous Occupations1587
Laws Regulating Payment of Wages1587
Minimum Wage Laws1587
Workers’ Compensation Laws1588
Collective Bargaining1591
Regulation of Business Enterprises: Rates, Charges, and Conditions of Service1594
Nebbia v. New York1596
Judicial Review of Publicly Determined Rates and Charges1597
Development1597
Limitations on Judicial Review1600
The Ben Avon Case1602
History of the Valuation Question1603
Regulation of Public Utilities (Other Than Rates)1607
In General1607
Compulsory Expenditures: Grade Crossings, and the Like1608
Compellable Services1610
Safety Regulations Applicable to Railroads1612
Statutory Liabilities and Penalties Applicable to Railroads1613
Regulation of Corporations, Business, Professions, and Trades1559
Corporations1559
Business in General1615
Laws Prohibiting Trusts, Discrimination, Restraint of Trade1615
Laws Preventing Fraud in Sale of Goods and Securities1616
Banking, Wage Assignments and Garnishment1618
Insurance1619
Miscellaneous Businesses and Professions1622
Protection of State Resources1624
Oil and Gas1624
Protection of Property and Agricultural Crops1625
Water1626
Fish and Game1627
Ownership of Real Property: Limitations, Rights1628
Zoning and Similar Actions1628
Estates, Succession, Abandoned Property1630
Health, Safety, and Morals1632
Safety Regulations1632
Sanitation1633
Food, Drugs, Milk1633
Intoxicating Liquor1634
Regulation of Motor Vehicles and Carriers1634
Protecting Morality1636
Vested Rights, Remedial Rights, Political Candidacy1636
Control of Local Units of Government1637
Public Purpose1638
Other Considerations Affecting Validity: Excessive Burden; Ratio of Amount of Benefit Received1638
Estate, Gift, and Inheritance Taxes1639
Income Taxes1640
Franchise Taxes1640
Severance Taxes1640
Real Property Taxes1641
Jurisdiction to Tax1642
Sales/Use Taxes1643
Land1643
Tangible Personalty1643
Intangible Personalty1646
Transfer (Inheritance, Estate, Gift) Taxes1650
Corporate Privilege Taxes1654
Individual Income Taxes1655
Corporate Income Taxes: Foreign Corporations1656
Insurance Company Taxes1657
Procedure in Taxation1659
Generally1659
Notice and Hearing in Relation to Taxes1659
Notice and Hearing in Relation to Assessments1660
Collection of Taxes1662
Sufficiency and Manner of Giving Notice1664
Sufficiency of Remedy1665
Laches1665
Eminent Domain1666
FOURTEENTH AMENDMENT1666
SECTION 1. RIGHTS GUARANTEED1666
DUE PROCESS OF LAW1666
Substantive Due Process and Noneconomic Liberty1666
Abortion1669
Privacy: Its Constitutional Dimensions1679
Family Relationships1688
Liberty Interests of Retarded and Mentally Ill: Commitment and Treatment1690
“Right to Die”1692
FOURTEENTH AMENDMENT1559
SECTION 1. RIGHTS GUARANTEED: PROCEDURAL DUE PROCESS—CIVIL1559
Some General Criteria1559
Ancient Use and Uniformity1559
Equality1694
Due Process, Judicial Process, and Separation of Powers1694
FOURTEENTH AMENDMENT1695
SECTION 1. RIGHTS GUARANTEED1695
PROCEDURAL DUE PROCESS: CIVIL1695
Power of the States to Regulate Procedure1695
Generally1695
Commencement of Actions1696
Pleas in Abatement1696
Defenses1697
Amendments and Continuances1697
Costs, Damages, and Penalties1698
Statutes of Limitation1699
Evidence and Presumptions1701
Jury Trials1704
Appeals1704
FOURTEENTH AMENDMENT1705
SECTION 1. RIGHTS GUARANTEED1705
PROCEDURAL DUE PROCESS: CIVIL1705
Jurisdiction1705
Generally1705
In Personam Proceedings Against Individuals1707
Suability of Foreign Corporations1710
Actions in Rem: Proceedings Against Land1716
Actions in Rem: Attachment Proceedings1718
Actions in Rem: Estates, Trusts, Corporations1720
Notice: Service of Process1722
FOURTEENTH AMENDMENT1723
SECTION 1. RIGHTS GUARANTEED1723
PROCEDURAL DUE PROCESS: CIVIL1723
The Procedure Which Is Due Process1723
The Interests Protected: Entitlements and Positivist Recognition1723
Proceedings in Which Procedural Due Process Must Be Observed1732
When Is Process Due1735
The Requirements of Due Process1740
FOURTEENTH AMENDMENT1559
SECTION 1. RIGHTS GUARANTEED: PROCEDURAL DUE PROCESS—CRIMINAL1559
Generally1559
FOURTEENTH AMENDMENT1747
SECTION 1. RIGHTS GUARANTEED1747
PROCEDURAL DUE PROCESS—CRIMINAL1747
The Elements of Due Process1747
Clarity in Criminal Statutes: The Void–for–Vagueness Doctrine1747
Other Aspects of Statutory Notice1749
Entrapment1750
Criminal Identification Process1752
Initiation of the Prosecution1753
Fair Trial1753
Guilty Pleas1757
Prosecutorial Misconduct1758
Proof, Burden of Proof, and Presumptions1761
Sentencing1765
The Problem of the Incompetent or Insane Defendant or Convict1769
Corrective Process: Appeals and Other Remedies1770
Rights of Prisoners1772
Probation and Parole1776
The Problem of the Juvenile Offender1780
The Problem of Civil Commitment1783
FOURTEENTH AMENDMENT1559
SECTION 1. RIGHTS GUARANTEED: EQUAL PROTECTION OF THE LAWS1559
Scope and Application1559
State Action1559
“Persons”1802
“Within Its Jurisdiction”1803
FOURTEENTH AMENDMENT1804
SECTION 1. RIGHTS GUARANTEED1804
EQUAL PROTECTION OF THE LAWS1804
Equal Protection: Judging Classifications by Law1804
The Traditional Standard: Restrained Review1805
The New Standards: Active Review1809
FOURTEENTH AMENDMENT1815
SECTION 1. RIGHTS GUARANTEED1815
EQUAL PROTECTION OF THE LAWS1815
Testing Facially Neutral Classifications Which Impact on Minorities1815
FOURTEENTH AMENDMENT1821
SECTION 1. RIGHTS GUARANTEED:1821
TRADITIONAL EQUAL PROTECTION:1821
ECONOMIC REGULATION AND RELATED1821
EXERCISES OF THE POLICE POWER1821
Taxation1821
Classification for Purpose of Taxation1821
Foreign Corporations and Nonresidents1824
Income Taxes1825
Inheritance Taxes1826
Motor Vehicle Taxes1826
Property Taxes1827
Special Assessment1828
FOURTEENTH AMENDMENT1829
SECTION 1. RIGHTS GUARANTEED1829
TRADITIONAL EQUAL PROTECTION:1829
ECONOMIC REGULATION AND RELATED1829
EXERCISES OF THE POLICE POWER1829
Police Power Regulation1829
Classification1829
FOURTEENTH AMENDMENT1834
SECTION 1. RIGHTS GUARANTEED1834
TRADITIONAL EQUAL PROTECTION:1834
ECONOMIC REGULATION AND RELATED1834
EXERCISES OF THE POLICE POWER1834
Other Business and Employment Relations1834
Labor Relations1834
Monopolies and Unfair Trade Practices1835
Administrative Discretion1835
Social Welfare1836
Punishment of Crime1838
FOURTEENTH AMENDMENT1559
SECTION 1. RIGHTS GUARANTEED: EQUAL PROTECTION AND RACE1559
Overview1559
FOURTEENTH AMENDMENT1840
SECTION 1. RIGHTS GUARANTEED1840
EQUAL PROTECTION AND RACE1840
Education1840
Development and Application of “Separate But Equal”1840
Brown v. Board of Education1842
Brown’s Aftermath1843
Implementation of School Desegregation1845
Northern Schools: Inter– and Intradistrict Desegregation1847
Efforts to Curb Busing and Other Desegregation Remedies1852
Termination of Court Supervision1853
FOURTEENTH AMENDMENT1854
SECTION 1. RIGHTS GUARANTEED1854
EQUAL PROTECTION AND RACE1854
Juries1854
FOURTEENTH AMENDMENT1857
SECTION 1. RIGHTS GUARANTEED1857
EQUAL PROTECTION AND RACE1857
Capital Punishment1857
FOURTEENTH AMENDMENT1858
SECTION 1. RIGHTS GUARANTEED1858
EQUAL PROTECTION AND RACE1858
Housing1858
FOURTEENTH AMENDMENT1859
SECTION 1. RIGHTS GUARANTEED1859
EQUAL PROTECTION AND RACE1859
Other Areas of Discrimination1859
Transportation1859
Public Facilities1859
Marriage1860
Judicial System1860
Public Designation1861
Public Accommodations1861
Elections1861
FOURTEENTH AMENDMENT1861
SECTION 1. RIGHTS GUARANTEED1861
EQUAL PROTECTION AND RACE1861
Permissible Remedial Utilizations of Racial Classifications1861
FOURTEENTH AMENDMENT1559
SECTION 1. RIGHTS GUARANTEED: THE NEW EQUAL PROTECTION1559
Classifications Meriting Close Scrutiny1559
Alienage and Nationality1559
Sex1875
Illegitimacy1886
FOURTEENTH AMENDMENT1892
SECTION 1. RIGHTS GUARANTEED1892
THE NEW EQUAL PROTECTION1892
Fundamental Interests: The Political Process1892
Voter Qualifications1893
Access to the Ballot1897
Apportionment and Districting1902
Weighing of Votes1911
FOURTEENTH AMENDMENT1559
SECTION 1. RIGHTS GUARANTEED1559
THE NEW EQUAL PROTECTION1559
The Right to Travel1559
Durational Residency Requirements1559
FOURTEENTH AMENDMENT1914
SECTION 1. RIGHTS GUARANTEED1914
THE NEW EQUAL PROTECTION1914
Marriage and Familial Relations1914
FOURTEENTH AMENDMENT1916
SECTION 1. RIGHTS GUARANTEED1916
THE NEW EQUAL PROTECTION1916
Poverty and Fundamental Interests: The Intersection of Due Process and Equal Protection1916
Generally1916
Criminal Procedure1918
The Criminal Sentence1920
Voting1921
Access to Courts1922
Educational Opportunity1923
Abortion1925
FOURTEENTH AMENDMENT1925
SECTION 2. APPORTIONMENT OF REPRESENTATION1925
APPORTIONMENT OF REPRESENTATION1926
FOURTEENTH AMENDMENT1927
SECTIONS 3 AND 4. DISQUALIFICATION AND PUBLIC DEBT1927
DISQUALIFICATION AND PUBLIC DEBT1928
FOURTEENTH AMENDMENT1928
SECTION 5. ENFORCEMENT1928
ENFORCEMENT1928
Generally1928
State Action1929
Congressional Definition of Fourteenth Amendment Rights1933