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  2. Substantive due process - Wikipedia

    en.wikipedia.org/wiki/Substantive_due_process

    The idea was a way to import natural law norms into the Constitution; prior to the American Civil War, the state courts were the site of the struggle. Critics of substantive due process claim that the doctrine began, at the federal level, with the infamous 1857 slavery case of Dred Scott v.

  3. Due Process Clause - Wikipedia

    en.wikipedia.org/wiki/Due_Process_Clause

    Where the right is not a fundamental right, the court applies a rational basis test: if the violation of the right can be rationally related to a legitimate government purpose, then the law is held valid. If the court establishes that the right being violated is a fundamental right, it applies strict scrutiny.

  4. Privileges and Immunities Clause - Wikipedia

    en.wikipedia.org/wiki/Privileges_and_Immunities...

    In the federal circuit court case of Corfield v.Coryell, [1] Justice Bushrod Washington wrote in 1823 that the protections provided by the clause are confined to privileges and immunities which are, "in their nature, fundamental; which belong, of right, to the citizens of all free governments; and which have, at all times, been enjoyed by the citizens of the several states which compose this ...

  5. Privileges or Immunities Clause - Wikipedia

    en.wikipedia.org/wiki/Privileges_or_Immunities...

    The primary author of the Privileges or Immunities Clause was Congressman John Bingham of Ohio. The common historical view is that Bingham's primary inspiration, at least for his initial prototype of this Clause, was the Privileges and Immunities Clause in Article Four of the United States Constitution, [1] [2] which provided that "The Citizens of each State shall be entitled to all Privileges ...

  6. Fifth Amendment to the United States Constitution - Wikipedia

    en.wikipedia.org/wiki/Fifth_Amendment_to_the...

    Under the Act of Production Doctrine, the act of an individual in producing documents or materials (e.g., in response to a subpoena) may have a "testimonial aspect" for purposes of the individual's right to assert the Fifth Amendment right against self-incrimination to the extent that the individual's act of production provides information not ...

  7. Harm principle - Wikipedia

    en.wikipedia.org/wiki/Harm_principle

    The US Libertarian Party includes a version of the harm principle as part of its official party platform. It states: It states: Criminal laws should be limited in their application to violations of the rights of others through force or fraud, or to deliberate actions that place others involuntarily at significant risk of harm.

  8. Right to an effective remedy - Wikipedia

    en.wikipedia.org/wiki/Right_to_an_effective_remedy

    The right to an effective remedy has been invoked in cases of asylum seekers in which the right has been held to prevent a state from deporting an asylum seeker before adjudicating the seeker's application for asylum, and that upon rejection of an asylum claim, the claimant must have a practical ability to appeal by being granted sufficient time and access to legal representation.

  9. Civil liberties in the United States - Wikipedia

    en.wikipedia.org/wiki/Civil_liberties_in_the...

    The explicitly defined liberties make up the Bill of Rights, including freedom of speech, the right to bear arms, and the right to privacy. [2] There are also many liberties of people not defined in the Constitution , as stated in the Ninth Amendment : The enumeration in the Constitution, of certain rights, shall not be construed to deny or ...