Due Process (5A & 14A)

Question 1

due process clause

Answer 1

no person shall be denied life, liberty, or property w/out due process of law
- 14A: applicable to states
- 5A: applicable to fed govt

Question 2

substantive due process

Answer 2

the govt’s power to regulate certain activities

Question 3

fundamental rights test

Answer 3

when regulating fundamental rights, it must satisfy strict scrutiny
- govt must show the law is necessary to serve a compelling governmental interest

Question 4

fundamental rights

Answer 4

1. right to vote
2. interstate travel
3. privacy (marry, procreate, use contraceptives, raise one’s child, keep family together, maintain custody over children)

Question 5

non-fundamental rights test

Answer 5

when regulating activities that do NOT constitute a fundamental right, it must meet the rational basis test
- P must show the law is NOT rationally related to a legitimate govt interest

Question 6

procedural due process

Answer 6

certain procedures are required when the govt deprives a person of life, liberty (freedom), or property (an entitlement that is NOT fulfilled)

Question 7

Matthews v. Eldridge Factors

Answer 7

to determine the procedure required, the court balances the:
1. importance of private interests;
2. risk of error under current procedures and the value of additional procedures, and
3. importance of state interests and the burden that arises from additional safeguards

NOTE: due process usually requires notice and an unbiased hearing