Due Process Clause Flashcards Preview

Con Law > Due Process Clause > Flashcards

Flashcards in Due Process Clause Deck (17):
1

Slaughter-house case

-The courts reasoning was what “idle” enactment because the clause deals with the rights of citizens of the nation, so “idle” to the states because it is a right citizens already have
-The concern was about federalism and not overstepping their bounds

2

Sane v roe

-Welfare benefits for residents case
-The statute violated the privileges and immunities clause
-Linked to the right to travel because the statute limited welfare benefits to residents over 12 months
-That meant you couldn’t move there and not have benefits for a year

3

What is the Due Process Clause?

-Clause used to incorporate provisions of the bill of rights to apply the states
-Procedural DP
-Substantive DP

4

Twinning v NJ

-Right at issue was against self-incrimination
-Court held that the rights in the first eight amendments are included in due process

5

Palko v Conn

-Right at issue was double jeopardy
-Court held two prong test: scheme of ordered liberty AND rooted in traditions and conscience

6

Adamson v CA

-Right at issue was self-incrimination, D refused to testify
-Court held that this portion of the right of self-incrimination is not fundamental because we can take a “piece meal” approach

7

Duncan v LA

-Right at issue was trial by jury
-Court held this is fundamental to the American scheme of justice

8

McDonald v City of Chicago

-Right at issue was right to bear arms
-Court held that the Palko test is changed to an OR, so they can rely on a merely historical analysis
-Court held that the second amendment is incorporated

9

What is Originalism?

-To provide a fixed meaning and constrain judicial discretion

10

What are the problems with Originalism?

-Problems with originalism:
--Discretion as to the historical record
--Discretion as to whether they should follow stare decisis
--Doesn’t allow for “absurd results”

11

What are the levels of scrutiny for the due process clause?

-Rational basis=rational relation to legitimate state interest
-Strict scrutiny=compelling state interest

12

What is the difference between the 5th and 14th amendments?

-5th amendment = federal
-14th amendment = states
-Analysis for both is the same

13

Alleger v Louisiana

-First case where scouts invalidated statue for violating substantive due process
-Old way of dealing with substantive due process, we don’t invalidate economic statutes anymore because trying to impose an economic system is bad

14

Lochner v New York

-Right to contract under substantive due process
-Liberty prong (Palko)
-The owner of the bakery challenged the statute that regulated hours in bakeries because of right to contract
-Court held law limiting baker hours unconstitutional

15

Why did the Lochner case "fall?"

-Linked to fall of las e faire system
-Represents a dirty word because we don’t want to impose a political system through constitutional interpretation
now, a very deferential rational basis applies to economic regulations

16

What is Incorporation?

-Incorporation is when through the 14th amendment the court applies the majority of the bill of rights to the states

17

What is Substantive Due Process?

-Substantive due process is the test for incorporation but also applies to standalone rights like privacy