Due Process

Question 1

Contract Clause

Answer 1

The Contract Clause provides that states cannot substantially impair existing contractual obligations.

Question 2

Contract Clause/Substantially Impair

Answer 2

Substantially impair generally means the destruction of most or all of party’s rights under a contract.

Question 3

Contract Clause/Intermediate Scrutiny

Answer 3

When a state law substantially impairs an existing private contract, it must be substantially related to an important government purpose.

Question 4

Contract Clause/Strict Scrutiny

Answer 4

When a state law substantially impairs an existing public contract, it must be necessary to achieve a compelling government interest, and there are no less restrictive means.

Question 5

Contract Clause/States

Answer 5

The Contract Clause applies to the states.

Question 6

Procedural Due Process

Answer 6

The Due Process Clause prohibits the government from taking a person’s life, liberty, or property without notice and a hearing.

Question 7

Procedural Due Process/States

Answer 7

The 14th Amendment Due Process Clause applies to the states.

Question 8

Procedural Due Process /Federal Government

Answer 8

The 5th Amendment Due Process Clause applies to the federal government.

Question 9

Procedural Due Process/Liberty Define

Answer 9

Liberty refers to significant freedom.

Question 10

Procedural Due Process/Property Define

Answer 10

Property refers to a legitimate claim or entitlement to a benefit under the law, such as public education, welfare, or continued public employment.

Question 11

Substantive Due Process

Answer 11

Substantive Due Process prohibits the government from affecting the rights of all persons to engage in some conduct or activity. It encompasses fundamental and non-fundamental rights.

Question 12

Substantive Due Process/Strict Scrutiny

Answer 12

A strict scrutiny standard is used when a fundamental right is at issue. Under strict scrutiny, the government must show the law is necessary to achieve a compelling government interest, and there are no less restrictive means.

Question 13

Substantive Due Process/Rational Basis

Answer 13

A rational basis standard is used when a non-fundamental right is at issue. Under rational basis, plaintiff must show the law is not rationally related to a legitimate government purpose.