Text Assist for Substantive Due Process Flowchart

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Substantive Due Process theory began to develop before the Civil War. Prior to this development, both the English and the early American legal theorists’ idea of Due Process focused on the procedural feature of the concept. With the rise of "natural rights" philosophy, theorists began applying Substantive Due Process. One case that had a profound impact in the rise of Substantive Due Process was Dred Scott v. Sanford, 60 U.S. (2 How.) 393 (1857), in which the Supreme Court held that a person’s property right in his slaves cannot be extinguished simply by the act of moving to a free state. So, even though Dred Scott now lived in a "free" state, he was required (per the decision of the Supreme Court) to remain a slave. From this decision, the Court began to realize that Due Process meant much more than just procedure. While Procedural Due Process gives the Court the power to say to the government, "You may not do this unless you do it a certain way"; Substantive Due Process allows the Court to say, "You may not do this at all!" For more information of Substantive Due Process, see the following flow charts: Incorporation of the Bill of Rights, Lochner v. New York, Economic Due Process.

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Identify the individual interest involved:

Individual rights may be:
1) Vested rights (right to contract, right to vote), or
2) Natural law (e.g. the right to marry and raise a family, the right to use birth control, the right to work and pursue a calling)

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Describe the interest in specific terms:
Exactly what is the interest? Who does it concern? What effect does this law have on the interest? What value does this law take away from your interest? How long will the diminution in value last?

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Determine whether the interest is protected:
In the Slaughterhouse Cases, the Supreme Court declined to recognize independent substantive content in the Privileges & Immunities Clause of the Fourteenth Amendment. It further found the Due Process and the Equal Protection Clauses inapplicable except with respect to the institution of slavery and its immediate effects.

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Is the interest included within a constitutional right?
The answer to this question depends on whose theory of interpretation you adopt. See the different possibilities below.

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Textual Rights can be found in:

1) Bill of Rights - Explicit Textual References in the Constitution:
Liberty, under the Fourteenth Amendment, includes those provisions in the Bill of Rights which the Court deems to be incorporated into the Due Process Clause as well as the fundamental rights which are derived either from the concept of liberty or other constitutional values.
2) Privileges & Immunities Clause of Article IV.

Quasi-textual rights can be found in:
1) Preamble of the constitution ("blessings of liberty")
2) Declaration of Independence

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External Rights:
These are rights that are not in the Constitution but have been recognized by the courts. For example, liberty, under the Fourteenth Amendment, includes those provisions in the Bill of Rights which the Court deems to be incorporated into the Due Process Clause as well as the fundamental rights which are derived either from the concept of liberty or other constitutional values.

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CBI -- Clause Bound Interpretation:
Clause-bound interpretivists, aka "textualists," included Justices Black and Stewart. They propose that the interpretation of which textual rights should be incorporated into the 14th Amendment to be made binding on the states is limited to the clauses in the Bill of Rights.

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NCBI -- Non-Clause Bound Interpretation:
Non-clause bound interpretivists, aka "rejectionists," included Justices Douglas and Goldberg. They propose that the interpretation of which textual rights should be incorporated into the 14th Amendment to be made binding on the states is not limited to the clauses in the Bill of Rights.

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Fixed Common Law:
Justice Scalia proposed that constitutional rights are those "external" rights that have been recognized by the judiciary.

Justice Rehnquist expressed his deference to existing common law in Garcia v. San Antonio MTA, 469 U.S. 528 (1985) staing: "any departure from the doctrine of stare decisis demands special justification. . . . The stability of juicial decision, and with it respect for the authority of this Court, are not served by the precipitous overruling of multiple precedents."

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Free-wheeling Natural Law:
The framers did not clearly define the right to privacy or even what it means to be a person. Perhaps they failed to do so not because these areas are not important, but because they considered these "natural rights" theories so imbedded in the political philosophy of the time that stating it was unnecessary.

For example, in the Declaration of Independence, the rights of life, liberty and the pursuit of happiness are not only declared fundamental, but "inalienable," lifting them beyond the reach of the government.

Life:
While the Supreme Court has never attempted to define the word "life" specifically, it endeavored into similar analysis in the voluntary abortion cases. See Roe v. Wade, 410 U.S. 113 (1973), wherein the court defines "a person" as not to apply to an unborn fetus.

Liberty:
Liberty, under the Fourteenth Amendment, includes those provisions in the Bill of Rights which the Court deems to be incorporated into the Due Process Clause as well as the fundamental rights which are derived either from the concept of liberty or other constitutional values.

Lochner both strikes down and upholds "natural rights" of individuals. The decision upholds the natural right of freedom to contract, yet strikes down the regulation of certain labor. Natural law is exemplified in many aspects of American society. For example, in a "laissez faire" economy and "Social Darwinism." A "laissez faire" type of economic society assumes inequality is going to occur. This is what the Justices of the Supreme Court were trying to remedy in the majority decision of Lochner.

Property:
While "property" includes more than personal belongings, reality, chattels and money, there must be a legitimate claim or entitlement to the benefit under state or federal law (e.g., public education, welfare and continued public employment).

Whenever the government enforces an individual’s private property claim against another individual, the government has acted to deprive someone of his property. However, such action will be allowed if the individuals are given a fair procedure to determine who should get the property in question.

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Fundamental Rights:

Strict Scrutiny Test:
1) Does the law further a compelling state interest (ENDS must be compelling);
2) What MEANS are being used by the state to meet the compelling state interest; and
3) Are the MEANS necessary or narrowly tailored? (If the law is found overbroad, it will be struck down as unconstitutional.)

Strict Scrutiny Distinguished from the Rational Basis Test:
1) Strict Scrutiny "strictly scrutinizes" the law. The law being looked at must involve a "compelling" state interest, which is much more urgent than a reasonable state interest (Rational Basis) or even an important state interest (Intermediate Scrutiny -- used by the Supreme Court in gender or illegitimacy cases).
2) Strict Scrutiny Standard: The burden of proof is on the government.
3) Rational Basis Standard: Presumption that the law is valid.

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Non-Fundamental Rights:

Rational Basis Test:
1) What is the Objective of the Law (ENDS); *
2) What MEANS are being used by the state to meet that objective; and
3) Are the MEANS rationally related to the ENDS? **

* Note: A court will not probe for the true purpose of a law.
** Keep in mind that courts are extremely deferential to the legislature when applying the Rational Basis Standard. Virtually no law has been struck down under the Rational Basis Test since 1937.

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Does it unduly burden exercise of the right?
A small burden on an individual’s rights may be acceptable. It is when the burden rises to the level of "undue" that the state’s interference has gone too far and is in violation of the Constitution.

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Evaluate state's interests (ENDS):
What is the law supposed to do? Why is it needed?

Some Supreme Court thoughts on the issue of "ends": 1) "Whether legislation is wise or unwise as a matter of policy is a question with which we are not concerned." Home Building & Loan Assoc. v. Blaisdell, 290 U.S. 398 (1934). 2) "[A]rguments [about the social utility of legislation] are properly addressed to the legislature, not to us. We refuse to sit as a ‘super-legislature.’" Ferguson v. Skrupa, 372 U.S. 726 (1963).

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State's ends must be compelling:
The Court will examine the legitimacy of the state’s "ends." Forbidden state objectives include:
1) Textually forbidden objectives (e.g. state religion)
2) Exclusion

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State's ends must be legitimate:
A "legitimate" governmental interest (the requirement for the Rational Basis Test) is much easier to extract and defend than a "compelling" governmental interest (which is the requirement for the Strict Scrutiny Test). In Lochner, however, the majority of the Court found no "legitimate" state purpose. According to the Lochner majority, simply regulating labor conditions (where there was no true health and safety purpose to the law) was not a legitimate purpose. 198 U.S. 45 (1905).

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Evaluate MEANS & their relationship to ENDS:
How do the requirements of the law solve the problems intended to be fixed by the law. In Lochner, for example, although the majority rejected the "health and safety" justification for the law, Justice Harlan’s dissent saw the validity of this argument, citing evidence that the health of the effected bakers was below the national average and that limiting the working hours would effect their health. Justice Harlan believed that as long as there existed an arguable "health and safety" rationale for a law, the Court should sustain it. 198 U.S. 45 (1905).

Some Supreme Court thoughts on the issue of "means":
1) A law "should not be unreasonable, arbitrary or capricious." Nebbia v. New York, 291 U.S. 502 (1934).
2) "Whether any state of facts either known or which could reasonably be assumed affords support for the law." U.S. v. Carolene Products, 304 U.S.144 (1938).

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Law as implemented must substantially advance those ends found compelling:
The Strict Scrutiny Test is a very difficult test to pass. Usually, the law being analyzing fails to meet this high standard.

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Legislature may chose any MEANS rationally related to ENDS:
Courts are extremely deferential to the legislature when applying the Rational Basis Standard. Usually, the law being analyzed is found constitutional.

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Text Assist for Due Process Clause (summary) Flowchart

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There are two Due Process Clauses in the Constitution:

1) The Fifth Amendment states: "No person shall be . . . deprived of life, liberty, or property, without due process of law." (applies to the federal government)

2) The Fourteenth Amendment provides: "No State shall . . . deprive any person of life, liberty, or property, without due process of law." (applies to the states)

For a detailed analysis of Due Process, see the following flow charts: Substantive Due Process, Procedural Due Process, Economic Due Process, Incorporation of the Bill of Rights, Lochner v. New York.

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State Action Doctrine:
Generally, the only was the Constitution can be violated is if there is a state action. There are two requirements before a court will find a state action:
1. There must be a state actor; and
2. The state actor must act under the color of state law.

See the State Action Doctrine flow chart for an analysis and applications of this doctrine.

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Undue Burden Doctrine:
Does the law create an unequal deprivation or allocation? If so, it may trigger the Equal Protection Clause. Test it out by running your law through the Introduction to Equal Protection flow chart.

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Personal Due Process:
The interest interfered with must rise to the level of a liberty or a property "right" in order for an individual to have that interest protected by the Constitution. Once a liberty or property right is established by virtue of a reasonable expectation having been created by state law, the scope of that right, and the appropriate procedures for protecting that right, are defined by federal law (not by the state).

For more information, see the following flow charts: Substantive Due Process, Incorporation of the Bill of Rights, Lochner v. New York.

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Economic Due Process:

The Rise of Economic Due Process
Before the New Deal, during the "Lochner Era," business reigned freely, with few restrictions. When businesses were threatened with a stifling law, the courts used the Due Process Clauses of the Fifth and Fourteenth Amendments to strike it down as arbitrary and unreasonably interfering with the liberty to contract. In Lochner v. New York, 198 U.S. 45, 25 S.Ct. 539, 49 L.Ed 937 (1905), the State of New York enacted a law that limited the number of hours a baker could work (60 hours a week or 10 hours a day). A majority of the Supreme Court held the New York law invalid, calling it an arbitrary and unnecessary interference with the liberty to contract between an employer and employee. Such intrusion by the State of New York, according the Supreme Court, violated the Fourteenth Amendment.

For a case study of the Court’s protection of businesses against government regulation, see the Lochner v. New York flow chart.

The Decline of Economic Due Process
The public was outraged when the judiciary piece by piece struck down the New Deal in the 1930's. The doctrine of Economic Due Process began to erode. For example, in Nebbia v. New York, 291 U.S. 502, 54 S.Ct. 505 (1934), the Supreme Court upheld the regulation of milk prices despite a Due Process challenge. The Court stated that "a state is free to adopt whatever economic policy may reasonably be deemed to promote public welfare. 291 U.S. at 537, 54 S.Ct. at 516.

Such deference to the legislature was a significant departure for the Court after the "Lochner Era." The Courts departure became complete with the decision of Williamson v. Lee Optical Co., 348 U.S. 483, 75 S.Ct. 461 (1955), wherein the court upheld an Oklahoma law restricting the ability of opticians to fit or duplicate eyeglasses, despite appellee’s due process and equal protection arguments.

For more information, see the following flow charts: Economic Due Process, Substantive Due Process.

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Substantive Due Process:
Substantive Due Process theory began to develop before the Civil War. Prior to this development, both the English and the early American legal theorists’ idea of Due Process focused on the procedural feature of the concept. With the rise of "natural rights" philosophy, theorists began applying Substantive Due Process.

One case that had a profound impact in the rise of Substantive Due Process was Dred Scott v. Sanford, 60 U.S. (2 How.) 393 (1857), in which the Supreme Court held that a person’s property right in his slaves cannot be extinguished simply by the act of moving to a free state. So, even though Dred Scott now lived in a "free" state, he was required (per the decision of the Supreme Court) to remain a slave. From this decision, the Court began to realize that Due Process meant much more than just procedure. While Procedural Due Process gives the Court the power to say to the government, "You may not do this unless you do it a certain way"; Substantive Due Process allows the Court to say, "You may not do this at all!"

For more information, see the Substantive Due Process flow chart.

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Theories of Incorporation:
"Incorporation," or, "absorption" if you ask Justice Cardozo, is a technique whereby the court imports the substantive rights contained in the first eight amendments which otherwise, per Barron v. Baltimore, 32 U.S. (7 Pet.) 243 (1833), apply only to the federal government, and makes those rights applicable to the states through the Fourteenth Amendment.

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Selective Incorporation:

Selective Incorporation is a selective theory of "natural rights." Those provisions that are implicit in the concept of ordered liberty will be applied to the states through the 14th Amendment. This would mean that certain clauses of the Bill of Rights should be made applicable to the states, but not all. Justice Cardozo and Justice Frankfurter were both proponents of selective incorporation.

Justice Frankfurter proposed that in order for a Bill of Rights provision to be incorporated, it must be:
1. A "fundamental right" essential to our civil and political institutions;
2. A basis in our system of jurisprudence;
3. Necessary for a civilized system;
4. One that goes to the very essence of a scheme of ordered liberty;
5. An echo fundamental fairness.

Justice Black denounced selective incorporation for two reasons:
1. Black felt that all of the Bill of Rights were incorporated by the Due Process Clause; and
2. According to Black, the Constitution provided no judicial license to reach out and "identify" which rights were fundamental and which were not.

No Incorporation:
Justices Harlan and Stewart (dissent in Duncan) felt that incorporation in any form should be rejected. It incorporation was intended to exist, it would have been explicitly called for in the 14th Amendment. According to this theory, the fact that the Bill of Rights may parallel some fundamental rights is just a coincidence.

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Total Incorporation:
Justices Black and Douglas urged the Court to recognize "total incorporation." Total incorporation makes all of the Bill of Rights applicable to the states. Black and Douglas feared that without total incorporation, the judiciary would have too much authority and could trump the will of the people. According to Black, the very purpose of the P&I Clause and the Due Process Clause was to make the Bill of Rights applicable to the states in response to the Civil War and black codes.

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Positive Rights:
Some of the positive goods/services provided by the state are:
1) Police, fire protection
2) Education
3) Utilities
4) Streets, roads
5) Employment
6) Welfare
7) Social service

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Negative Rights:
The United States Constitution provides only "negative rights" because the federal government is limited (federalism). Also, positive rights are the proper subject of the legislative process; Congress has the power to provide, but is not required to do so.

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Procedural Due Process:
The Constitution grants certain rights to the people and places certain limitations on the government’s power. Most of these rights and restraints are procedural. For example:
1) You are entitled to a fair trial before going to jail;
2) You may not be compelled to be a witness against yourself;
3) Your home may not be searched unless the police first obtain a search warrant.

The Constitution does not forbid the government from putting you in jail or searching your house, it just must abide by certain procedures first.

Historian’s trace Procedural Due Process Clauses of the 5th and 14th Amendments to the English Magna Carta, which provided "guaranties against the [King’s] oppressions and usurpations of royal prerogative." The document required the King, his consuls and his agents to respect "the law of the land." Like our modern Due Process Clauses, the Magna Carta protected the public against the government’s arbitrary and random acts.

For more information, see the Procedural Due Process flow chart.

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What was the purpose of the Land Ordinance (1785)?

and the Northwest Ordinace of 1787?

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The Land Ordinance of 1785 was adopted by the United States Congress on May 20, 1785. Under the Articles of Confederation, Congress did not have the power to raise revenue by direct taxation of the inhabitants of the United States. Therefore, the immediate goal of the ordinance was to raise money through the sale of land in the largely unmapped territory west of the original colonies acquired from Britain at the end of the Revolutionary War.

In addition, the act provided for the political organization of these territories. The earlier Ordinance of 1784 called for the land west of the Appalachian Mountains, north of the Ohio River and east of the Mississippi River to be divided into ten separate states. However, it did not define the mechanism by which the land would become states, or how the territories would be governed or settled before they became states. The Ordinance of 1785, along with the Northwest Ordinance of 1787, were intended to address these political needs.

The 1785 ordinance laid the foundations of land policy in the United States of America until passage of the Homestead Act in 1862. The Land Ordinance established the basis for the Public Land Survey System. The initial surveying was performed by Thomas Hutchins. After he died in 1789, responsibility for surveying was transferred to the Surveyor General. Land was to be systematically surveyed into square "townships", six miles (9.656 km) on a side. Each of these townships were sub-divided into thirty-six "sections" of one square mile (2.59 km²) or 640 acres. These sections could then be further subdivided for sale to settlers and land speculators.

The ordinance was also significant for establishing a mechanism for funding public education. Section 16 in each township was reserved for the maintenance of public schools. Many schools today are still located in section sixteen of their respective townships, although a great many of the school sections were sold to raise money for public education. In theory, the federal government also reserved sections 8, 11, 26 and 29 to compensate veterans of the Revolutionary War, but examination of property abstracts in Ohio indicates that this was not uniformly practiced. The Point of Beginning for the 1785 survey was where Ohio (as the easternmost part of the Northwest Territory), Pennsylvania and Virginia (now West Virginia) met, on the north shore of the Ohio River near East Liverpool, Ohio. There is a historical marker just north of the site, at the state line where Ohio Route 39 becomes Pennsylvania Route 68.

The Northwest Ordinance (formally An Ordinance for the Government of the Territory of the United States, North-West of the River Ohio, and also known as the Freedom Ordinance) was an act of the Congress of the Confederation of the United States. The Ordinance unanimously passed on July 13, 1787. The primary effect of the ordinance was the creation of the Northwest Territory as the first organized territory of the United States out of the region south of the Great Lakes, north and west of the Ohio River, and east of the Mississippi River. On August 7, 1789, the U.S. Congress affirmed the Ordinance with slight modifications under the Constitution.

Arguably the single most important piece of legislation passed by members of the earlier Continental Congresses other than the Declaration of Independence, it established the precedent by which the United States would expand westward across North America by the admission of new states, rather than by the expansion of existing states.

The banning of slavery in the territory had the effect of establishing the Ohio River as the boundary between free and slave territory in the region between the Appalachian Mountains and the Mississippi River. This division helped set the stage for the balancing act between free and slave states that was the basis of a critical political question in American politics in the 19th century until the Civil War.

US Constitution - 5th and 14th Amendments

TAGS:

• EMPLOYMENT DISCRIMINATION
 
• FEDERAL EMPLOYMENT LAWS
 
• RACE & NATIONAL ORIGIN
 
• HARASSMENT - GENDER, SEX & PREGNANCY
 
• AGE
 
• DISABILITY
 
• RELIGION
 
• MILITARY STATUS

The Fifth and Fourteenth Amendments of the United States Constitution limit the power of the federal and state governments to discriminate. The private sector is not directly constrained by the Constitution.

The Fifth Amendment has an explicit requirement that the Federal Government not deprive individuals of "life, liberty, or property," without due process of the law and an implicit guarantee that each person receive equal protection of the laws.

The Fourteenth Amendment explicitly prohibits states from violating an individual's rights of due process and equal protection. Equal protection limits the State and Federal governments' power to discriminate in their employment practices by treating employees, former employees, or job applicants unequally because of membership in a group, like a race, religion or sex. Due process protection requires that employees have a fair procedural process before they are terminated if the termination is related to a "liberty," like the right to free speech, or a property interest.

Amendment V
Amendment XIV

Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Amendment II

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

Amendment III

No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Amendment VII

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

Amendment XI
The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.

Amendment XII
The electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;--The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;--the person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

Amendment XIII
Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2. Congress shall have power to enforce this article by appropriate legislation.

Amendment XIV
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 2. Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state.

Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

Amendment XV
Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.

Section 2. The Congress shall have power to enforce this article by appropriate legislation.

Amendment XVI
The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration.

Amendment XVII
The Senate of the United States shall be composed of two Senators from each state, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislatures.

When vacancies happen in the representation of any state in the Senate, the executive authority of such state shall issue writs of election to fill such vacancies: Provided, that the legislature of any state may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

Amendment XVIII
Section 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

Section 2. The Congress and the several states shall have concurrent power to enforce this article by appropriate legislation.

Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several states, as provided in the Constitution, within seven years from the date of the submission hereof to the states by the Congress.

Amendment XIX
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of sex.

Congress shall have power to enforce this article by appropriate legislation.

Amendment XX
Section 1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

Section 2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

Section 3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

Section 4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.

Section 5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.

Section 6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several states within seven years from the date of its submission.

Amendment XXI
Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

Section 2. The transportation or importation into any state, territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several states, as provided in the Constitution, within seven years from the date of the submission hereof to the states by the Congress.

Amendment XXII
Section 1. No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this article shall not apply to any person holding the office of President when this article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this article becomes operative from holding the office of President or acting as President during the remainder of such term.

Section 2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several states within seven years from the date of its submission to the states by the Congress.

Amendment XXIII
Section 1. The District constituting the seat of government of the United States shall appoint in such manner as the Congress may direct:

A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a state, but in no event more than the least populous state; they shall be in addition to those appointed by the states, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a state; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.

Section 2. The Congress shall have power to enforce this article by appropriate legislation.

Amendment XXIV
Section 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any state by reason of failure to pay any poll tax or other tax.

Section 2. The Congress shall have power to enforce this article by appropriate legislation.

Amendment XXV
Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

Amendment XXVI
Section 1. The right of citizens of the United States, who are 18 years of age or older, to vote, shall not be denied or abridged by the United States or any state on account of age.

Section 2. The Congress shall have the power to enforce this article by appropriate legislation.

Amendment XXVII
No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.

‹ Taxpayers Against Fraud - False Claims Acts for the Federal Government and Various StatesupVietnam Era Veterans Readjustment Assistance Act of 1974 - VEVRAA - 38 US Code Chapter 42 §4211-4215 

in·fa·mous

  [in-fuh-muhs]  Show IPA

adjective

1.

having an extremely bad reputation: an infamous city.

2.

deserving of or causing an evil reputation; shamefully malign;detestable: an infamous deed.

3.

Law.

a.

deprived of certain rights as a citizen, as a consequence ofconviction of certain offenses.

b.

of or pertaining to offenses involving such deprivation.

Origin: 
1350–1400; Middle English  < Latin infām ( is ) (see infamy) + -ous

Related forms

in·fa·mous·ly, adverb

in·fa·mous·ness, noun

Can be confused: famous, infamous, notorious (see synonym studyat famous).

Synonyms 
1. disreputable, ill-famed, notorious. 2. disgraceful, scandalous;nefarious, odious, wicked, shocking, vile, base, heinous, villainous.

Antonyms 
1. reputable. 2. praiseworthy, admirable.

Dictionary.com Unabridged
Based on the Random House Dictionary, © Random House, Inc. 2013.
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a gadget; dingus; thingumbob.

a screen or mat covered with a dark material for shielding a camera lens from excess light or glare.

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Related Words for : infamous

ill-famed, notorious

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Collins

World English Dictionary

infamous  (ˈɪnfəməs)
— adj
1.	having a bad reputation; notorious
2.	causing or deserving a bad reputation; shocking: infamous conduct
3.	Criminal law,
	a. (of a person) deprived of certain rights of citizenship onconviction of certain offences
	b. (of a crime or punishment) entailing such deprivation
'infamously
— adv
'infamousness
— n

Collins English Dictionary - Complete & Unabridged 10th Edition
2009 © William Collins Sons & Co. Ltd. 1979, 1986 © HarperCollins
Publishers 1998, 2000, 2003, 2005, 2006, 2007, 2009
Cite This Source

Etymonline

Word Origin & History

infamous 

late 14c., from M.L. infamosus, from L. in- "not" + famosus"celebrated." Meaning infl. by L. infamis "of ill fame," from in- "not,without" + fama "reputation." As a legal term, "disqualified fromcertain rights of citizens in consequence of conviction of a crime"(late 14c.). Infamy is late 15c., from

Online Etymology Diction

spawn  (spôn) n. 1. The eggs of aquatic animals such as bivalve mollusks, fishes, and amphibians. 2. Offspring occurring in numbers; brood. 3. A person who is the issue of a parent or family. 4. The source of something; a germ or seed. 5. A product or an outcome. 6. Mycelia of mushrooms or other fungi grown in specially prepared organic matter for planting in beds. v. spawned, spawn·ing, spawns v.intr. 1. To deposit eggs; produce spawn. 2. To produce offspring in large numbers. v.tr. 1. To produce or deposit (spawn). 2. To produce in large numbers. 3. To give rise to; engender: tyranny that spawned revolt. 4. To cause to spawn; bring forth; produce: a family that had spawned a monster. 5. To plant with mycelia grown in specially prepared organic matter. [Middle English spawne, from spawnen, to spawn, from Anglo-Norman espaundre, from Latin expandere; see expand.] spawner n.

The American Heritage® Dictionary of the English Language, Fourth Edition copyright ©2000 by Houghton Mifflin Company. Updated in 2009. Published by Houghton Mifflin Company. All rights reserved.

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