DPC & BOR

Question 1

14A clauses

Answer 1

DPC
priv and imm
EPC

Question 2

14A DPC applies most of the BOR to the states through the

Answer 2

doc of selective incorporation

Question 3

rights not incorporated by 14A DPC

Answer 3

5A rt to GJ in crim cases
7A rt to jur tr in civil cases
8A prevent excessive fines
3A prevent soldiers from quartering in your home

Question 4

Procedural DP is guaranteed under the ___ & ___, and requires –

Answer 4

5A and 14A: no depravation of life, liberty or property through STATE ACTION w/o DP of law. Entitled to fundamentally fair procedural safeguards (notice and a meaningful hearing within a reasonable time)

Question 5

DP- consider this to figure out what type of procedural DP is required

Answer 5

• priv int that will be affected by the official action
• risk of erroneous depravation of this interest through the proc used, probable value of additional or diff procedures
• govt’s interest in streamlined procedures

Question 6

substantive DP arisees under ___ & ___

and puts–

Use it to–

Answer 6

5A/ 14A

DPC puts limitations on the content/ sbj matter of st and fed laws- prohibits govt from infringing on cons liberties.

use it to evaluate govt regs that affect fundamental rights of personhood

Question 7

subs DP- fundamental rts- level

Answer 7

strict. privacy rights fall under this

Question 8

subs DP/ fundamental rts: types of privacy rts

Answer 8

contraceptives
marriage
abortion
fam relations
sexual orientation
priv ed
obscene material
rt to travel
rt to vote

Question 9

Under the 5A takings cl,

Answer 9

priv prop shall not be taken for pub use without just compensation.

applies to sts through DPC 14A

Question 10

These are considered takings under the 5A takings cl.

Answer 10

direct govt appropriation
regulatory taking
temporary restrix
conditional permits (ok if there’s a logical nexus bt cond and govt purp; rough proportionality bt impact