Flashcards in Due Process Clause Deck (17):
-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
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
What is the Due Process Clause?
-Clause used to incorporate provisions of the bill of rights to apply the states
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
Palko v Conn
-Right at issue was double jeopardy
-Court held two prong test: scheme of ordered liberty AND rooted in traditions and conscience
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
Duncan v LA
-Right at issue was trial by jury
-Court held this is fundamental to the American scheme of justice
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
What is Originalism?
-To provide a fixed meaning and constrain judicial discretion
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”
What are the levels of scrutiny for the due process clause?
-Rational basis=rational relation to legitimate state interest
-Strict scrutiny=compelling state interest
What is the difference between the 5th and 14th amendments?
-5th amendment = federal
-14th amendment = states
-Analysis for both is the same
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
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
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
What is Incorporation?
-Incorporation is when through the 14th amendment the court applies the majority of the bill of rights to the states