Due Process (5th and 14th amendment

Question 1

Due process - how is it applicable to states and feds

Answer 1

The due process clause is found in the fifth amendment and applies to the states through the 14th Amendment.

Question 2

What fair process is due under procedural due process

Answer 2

Adequate notice and adequate hearing (plus unbiased decision-maker)

Question 3

Due process

Answer 3

Procedural due process protects a person against intentional deprivation of life. liberty or property without due process of law.
(proprety = includes public education)

Question 4

Substantive Due Process

Answer 4

it is a source of fundamental individual rights not in the constitution.

Question 5

What are the fundamental rights:

CAMPERD STOVF

Answer 5

Contraception 
Abortion  ( see additional card)
Marriage 
Parentage
Education (right to private education)
Relative 
Death (right to refuse to medical procedure)

Sexual orientation (cant criminalize same-sex activity)
Travel (right to travel interstate)
Obscene material
Vote ( 15th amendment =- see additional card )
Free association - right to belong to politial grps.

Question 6

The burden - Substantive due process

Answer 6

Strict scrutiny - the burden is on the government to show the law is necessary to serve a compelling government interest.

Question 7

fundamental rights: abortion rules

Answer 7

a. State regulation is unconstitutional if it imposes an undue burden on a choice to abort up to the point fetus is viable.
b. considered undue burden - requiring spousal notice.
c. not undue burden: - parental consent with judicial bypass
d. any abortion restricting even post-viability must have exception to protect mother’s life or health.

Question 8

Right to Vote

Answer 8

no race discrimination in voting -
total ban on picking/voting for a candidate
regulation of process that makes voting harder
reasonable restriction.