LAW 606 Lecture Notes - Lecture 30: Equal Protection Clause, Slaughter-House Cases, Incorporation Of The Bill Of Rights

• School: University of Illinois
• Department: Law
• Course: LAW 606
• Professor: J Mazzone

Document Summary

Saenz v. roe- the right to travel privileges and immunities clause. Thomas dissent- not a fundamental right but a public benefit. Edwards v. ca: struck down a ca law that made it a misdemeanor to knowingly bring an indigent person into the state- majority: commerce clause; concurrence- the right to travel freely- Shapiro v. thomspon- 1969- right to travel fundamental right: residency requirements to receive state benefits violates the equal protection clause of the 14th amendment the right to travel as a fundamental right. Shapiro equal protection clause under 14th amendment- individual liberty. Saenz privileges and immunities clause; rested on structure of federal union. Section 3: incorporation of the bill of rights through due process. These are not fundamental rights: adamson- murder conviction upheld despite violation of self incrimination privilege- does not extend to the 14th amendment. Not all bill of rights guarantees extends to 14th amendment. (b) watered down version against states: total incorporation.