Due Process Clause

Question 1

Slaughter-house case

Answer 1

• 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

Question 2

Sane v roe

Answer 2

• 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

Question 3

What is the Due Process Clause?

Answer 3

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

Question 4

Twinning v NJ

Answer 4

• Right at issue was against self-incrimination

- Court held that the rights in the first eight amendments are included in due process

Question 5

Palko v Conn

Answer 5

• Right at issue was double jeopardy

- Court held two prong test: scheme of ordered liberty AND rooted in traditions and conscience

Question 6

Adamson v CA

Answer 6

• 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

Question 7

Duncan v LA

Answer 7

• Right at issue was trial by jury

- Court held this is fundamental to the American scheme of justice

Question 8

McDonald v City of Chicago

Answer 8

• 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

Question 9

What is Originalism?

Answer 9

-To provide a fixed meaning and constrain judicial discretion

Question 10

What are the problems with Originalism?

Answer 10

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

Question 11

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

Answer 11

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

Question 12

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

Answer 12

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

Question 13

Alleger v Louisiana

Answer 13

• 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

Question 14

Lochner v New York

Answer 14

• 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

Question 15

Why did the Lochner case “fall?”

Answer 15

-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

Question 16

What is Incorporation?

Answer 16

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

Question 17

What is Substantive Due Process?

Answer 17

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