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- https://biz.libretexts.org/Bookshelves/Constitutional_Law/Constitutional_Law_(Lumen)/09%3A_Discrimination_in_the_Constitution__Due_Process_and_the_14th_Amendment/9.05%3A_Loving_v._Virginia_388_US_1_(1967)The exception for persons with less than one-sixteenth “of the blood of the American Indian” is apparently accounted for, in the words of a tract issued by the Registrar of the State Bureau of Vital S...The exception for persons with less than one-sixteenth “of the blood of the American Indian” is apparently accounted for, in the words of a tract issued by the Registrar of the State Bureau of Vital Statistics, by “the desire of all to recognize as an integral and honored part of the white race the descendants of John Rolfe and Pocathontas. . . .” Plecker, The New Family and Race Improvement, 17 Va.Health Bull., Extra No.
- https://biz.libretexts.org/Bookshelves/Constitutional_Law/Constitutional_Law_(Lumen)/03%3A_Second_Amendment-_Regulations/3.02%3A_Military_Service-_United_States_v._Miller_307_U.S._174_(1939)a Citizen of this State, or of any of the United States, and residing in this State, (except such Persons as are hereinafter excepted) and who are of the Age of Sixteen, and under the Age of Forty-fiv...a Citizen of this State, or of any of the United States, and residing in this State, (except such Persons as are hereinafter excepted) and who are of the Age of Sixteen, and under the Age of Forty-five Years, shall, by the Captain or commanding Officer of the Beat in which such Citizens shall reside, within four Months after the passing of this Act, be enrolled in the Company of such Beat. . . . That every Citizen so enrolled and notified shall, within three Months thereafter, provide himself, …
- https://biz.libretexts.org/Bookshelves/Constitutional_Law/Constitutional_Law_(Lumen)/07%3A_Self_Incrimination_and_the_5th_amendment/7.07%3A_Miranda_v._Arizona_384_US_436_(1966)The rule is not that, in order to render a statement admissible, the proof must be adequate to establish that the particular communications contained in a statement were voluntarily made, but it must ...The rule is not that, in order to render a statement admissible, the proof must be adequate to establish that the particular communications contained in a statement were voluntarily made, but it must be sufficient to establish that the making of the statement was voluntary; that is to say, that from the causes, which the law treats as legally sufficient to engender in the mind of the accused hope or fear in respect to the crime charged, the accused was not involuntarily impelled to make a state…
- https://biz.libretexts.org/Bookshelves/Constitutional_Law/Constitutional_Law_(Lumen)/09%3A_Discrimination_in_the_Constitution__Due_Process_and_the_14th_Amendment/9.04%3A_Brown_v._Board_of_Ed_347_US_483_(1954What is this but declaring that the law in the States shall be the same for the black as for the white; that all persons, whether colored or white, shall stand equal before the laws of the States, and...What is this but declaring that the law in the States shall be the same for the black as for the white; that all persons, whether colored or white, shall stand equal before the laws of the States, and, in regard to the colored race, for whose protection the amendment was primarily designed, that no discrimination shall be made against them by law because of their color?
- https://biz.libretexts.org/Bookshelves/Constitutional_Law/Constitutional_Law_(Lumen)/07%3A_Self_Incrimination_and_the_5th_amendment/7.08%3A_Schmerber_v._California_384_US_757_(1966)He contended that, in that circumstance, the withdrawal of the blood and the admission of the analysis in evidence denied him due process of law under the Fourteenth Amendment, as well as specific gua...He contended that, in that circumstance, the withdrawal of the blood and the admission of the analysis in evidence denied him due process of law under the Fourteenth Amendment, as well as specific guarantees of the Bill of Rights secured against the States by that Amendment: his privilege against self-incrimination under the Fifth Amendment; his right to counsel under the Sixth Amendment; and his right not to be subjected to unreasonable searches and seizures in violation of the Fourth Amendmen…
- https://biz.libretexts.org/Bookshelves/Constitutional_Law/Constitutional_Law_(Lumen)/03%3A_Second_Amendment-_Regulations/3.05%3A_Federal_Regulation_v._State_Regulation-_McDonald_v._Chicago_561_U.S._742_(2010)(a) Petitioners argue that that the Second Amendment right is one of the “privileges or immunities of citizens of the United States.” There is no need to reconsider the Court’s interpretation of the P...(a) Petitioners argue that that the Second Amendment right is one of the “privileges or immunities of citizens of the United States.” There is no need to reconsider the Court’s interpretation of the Privileges or Immunities Clause in the Slaughter-House Cases because, for many decades, the Court has analyzed the question whether particular rights are protected against state infringement under the Fourteenth Amendment’s Due Process Clause.
- https://biz.libretexts.org/Bookshelves/Constitutional_Law/Constitutional_Law_(Lumen)/10%3A_Punishment_and_the_8th_amendment-_What_constitutes_cruel_and_unusual_punishment/10.07%3A_In_Re_Bonner__151_US_242_(1894)The warden returns answer that he holds the prisoner by virtue of a warrant of commitment issued upon the judgment and sentence of the United States court as above stated, of which a copy is annexed t...The warden returns answer that he holds the prisoner by virtue of a warrant of commitment issued upon the judgment and sentence of the United States court as above stated, of which a copy is annexed to the petition, and that at the time of the petitioner’s conviction and of the judgment and sentence, there was no penitentiary or jail suitable for the confinement of convicts, or available therefor, in the Indian Territory, and that the state penitentiary at Anamosa had been duly designated by th…
- https://biz.libretexts.org/Bookshelves/Constitutional_Law/Constitutional_Law_(Lumen)/05%3A_Exceptions_to_the_Fourth_Amendment/5.02%3A_Carroll_v._United_States_267_U.S._132_(1925)The tendency of those who execute the criminal laws of the country to obtain conviction by means of unlawful seizures and enforced confessions, the latter often obtained after subjecting accused perso...The tendency of those who execute the criminal laws of the country to obtain conviction by means of unlawful seizures and enforced confessions, the latter often obtained after subjecting accused persons to unwarranted practices destructive of rights secured by the Federal Constitution, should find no sanction in the judgments of the courts which are charged at all times with the support of the Constitution and to which people of all conditions have a right to appeal for the maintenance of such …
- https://biz.libretexts.org/Bookshelves/Constitutional_Law/Constitutional_Law_(Lumen)/11%3A_Trial_Rights-_Understanding_the_rights_of_a_defendant/11.07%3A_Estes_v._Texas_381_US_532_(1965)270, that the public trial provision of the Sixth Amendment is a “guarantee to an accused” designed to “safeguard against any attempt to employ our courts as instruments of persecution.” Clearly, the ...270, that the public trial provision of the Sixth Amendment is a “guarantee to an accused” designed to “safeguard against any attempt to employ our courts as instruments of persecution.” Clearly, the openness of the proceedings provides other benefits as well: it arguably improves the quality of testimony, it may induce unknown witnesses to come forward with relevant testimony, it may move all trial participants to perform their duties conscientiously, and it gives the public the opportunity to…
- https://biz.libretexts.org/Bookshelves/Constitutional_Law/Constitutional_Law_(Lumen)/04%3A_Fourth_Amendment_and_the_Exclusionary_Rule/4.03%3A_Wolf_v._Colorado_338_U.S._25_(1949)The precise question for consideration is this: does a conviction by a State court for a State offense deny the “due process of law” required by the Fourteenth Amendment, solely because evidence that ...The precise question for consideration is this: does a conviction by a State court for a State offense deny the “due process of law” required by the Fourteenth Amendment, solely because evidence that was admitted at the trial was obtained under circumstances which would have rendered it inadmissible in a prosecution for violation of a federal law in a court of the United States because there deemed to be an infraction of the Fourth Amendment as applied in Weeks v.
- https://biz.libretexts.org/Bookshelves/Constitutional_Law/Constitutional_Law_(Lumen)/06%3A_Wiretapping-_What_is_permissible/6.01%3A_Olmstead_v._United_Stated_277_US_438_(1928)The fifth section of the Act of June 22, 1874, provided that, in cases not criminal under the revenue laws, the United States Attorney, whenever he thought an invoice belonging to the defendant would ...The fifth section of the Act of June 22, 1874, provided that, in cases not criminal under the revenue laws, the United States Attorney, whenever he thought an invoice belonging to the defendant would tend to prove any allegation made by the United States, might, by a written motion describing the invoice and setting forth the allegation which he expected to prove, secure a notice from the court to the defendant to produce the invoice, and, if the defendant refused to produce it, the allegations…
