Do You Have a Case Under the New Bill of Rights: A Checklist

Abstract

From the theoretical considerations of Kelo v. New London: Deciding the First Case Under the New Bill of Rights, we proceed here to more practical considerations for those who wonder if facts of importance to them are similar to facts of the New Bill of Rights or the Bill of Rights. This article takes the next step: it outlines which facts need to be developed and presented in order to convince a Court to consider granting elevated scrutiny to new facts. This brings the New Bill of Rights into practice and lays down the methodology for adding facts to it. It also presents the manner in which a fact of the individual - the new link between Founder intent and facts mentioned in the Constitution - has now become the process of Constitutional adjudication.

Keywords: Constitution, Rights, Fifth, Fourth, Fourteenth, Amendment, Jefferson, Declaration, Independence