Not exact matches
The most explicit statement of these limitations is in the Constitution's first ten amendments — the Bill of Rights — which guarantee freedom of religion, speech, press, assembly, and petition, the right to bear arms,
protection against the obligatory quartering of soldiers, security from unwarranted search and seizure, the right to a grand jury,
protection against double jeopardy and self - incrimination, the right of
due process, just compensation for private property taken for public use, and speedy public trial by jury without excessive fines or bail.
Virtually the entire Bill of Rights has now been applied
against the states, achieving three revolutionary results at once: 1) The original understanding of federalism has been obliterated, so that the states exercise their power now largely at the sufferance of the Supreme Court; 2) The
Due Process and Equal
Protection clauses of Section 1 have become a kind of witches» cauldron from which an exotic brew of postmodern nostrums has been fed into the bloodstream of the political culture; 3) The Supreme Court has successfully arrogated to itself more or less exclusive powers of constitutional interpretation.
In its complaint, the state of Hawaii also said the executive order discriminates
against Muslims and violates the equal
protection and
due process guarantees of the U.S. Constitution.
In stripping away
due process and removing basic
protection against retaliation, they will effectively silence the strongest line of defense
against those practices, such as high stakes testing, and re-segregation that remain harmful to children.
Does the restraint
against exposing children overnight to unmarried romantic companions deny
due process or equal
protection to homosexuals (since they can not marry)?
To uncover the Constitutional underpinnings of individual privacy in the Bill of Rights, take a peek at the Fourth Amendment's golden rule
against unreasonable searches and seizures, as well as rights under the First (freedom of religion, speech, press, assembly), Third (no quartering of troops), Fifth (no self - incrimination) along with the Ninth (the catch - all that preserves rights not specifically named in the Constitution) and Fourteenth Amendments (
due process, equal
protection).
We have successfully prosecuted civil rights claims and defended clients
against civil rights complaints, including those alleging First Amendment violations,
Due Process and Equal
Protection violations, Age and Sex Discrimination claims and other violations of the United States and State Constitutions.