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POLS 4212 ConLaw

Constitutional Law

QuestionAnswer
Barron v. Baltimore - Year - Court - Issue - Holding 1833 - Marshall - Does the 5th Amend. - private property taken w/o just compensation - apply to state governments? - No, protection applies only to acts of the federal gov't, and protections v. state gov't should be found in state laws & constitutions
Hurtado v. California - Year - Court - Issue - Holding 1884 - Waite - Does 14th Amend. "due process" clause include right to grand jury as guaranteed in 5th Amend.? No - Grand jury is not necessary for due process, which is applicable.
Chicago, Burlington & Quincy RR v. Chicago - Year - Court - Issue - Holding 1897 - Fuller - Does 14th cause the 5th Amend. (private property/just compensation) to be applicable to the states? - YES - due process requires just compensation be paid in the interest of fairness.
Maxwell v. Dow - Year - Court - Issue - Holding 1900 - Fuller - Does 14th due process & privileges/immunities require grand jury & trial by jury? - NO - "Trial by jury has never been...necessary requisite of due process of law."
Created by: windmarkbob