Due Process

Question 1

DUE PROCESS

Definition

Answer 1

No person shall be deprived of Life, Liberty, and Property without Due process of Law

Question 2

DUE PROCESS

2 Types

Answer 2

Substantive

and

Procedural

Question 3

Substantive Due Process

Answer 3

SUBSTANTIVE (Gov taking away or regulating our rights) - Statute depriving ALL PEOPLE of doing something. Look at what rights are being deprived:

• If Fundamental Rights = Strict Scrutiny
• If not FR = Rational Basis

What are the fundamental rights?

Rights that bear some relation to Right of Autonomy or Right of Privacy

• There are 3 independent fundamental rights:

1. Right to Vote
2. Right of Free Speech
3. Right to Interstate Travel (intrastate travel IS NOT A FR!)

• Right to Privacy:

C – Contraception

A – Abortion

M – Marriage

P – Procreation

E – Education – Right to control the education of one’s children

R – Right to raise your family

Question 4

Procedural Due Process

Answer 4

PROCEDURAL – If a property right is taken away, person shall have a right to NOTICE and right to a HEARING.

• PROPERTY RIGHT - JOB (Gov jobs), LICENSE, BENEFITS (PUBLIC)
• Government
• Individual had to have earned the license / job / benefits