Due Process Clauses

Question 1

What does the due process clause protect against?

Answer 1

Arbitrary denial of your three natural rights

Question 2

What are the two types of due process?

Answer 2

-Procedural due process
-Substantive due process

Question 3

What is procedural due process?

Answer 3

Meant to protect citizens from the government by ensuring a fair trial.
-right to sufficient notice
-give testimony and admit evidence

Question 4

What is substantive due process?

Answer 4

Meant to protect citizens from laws or actions which exceed government authority.
-a law can’t be enforced if it violates your rights

Question 5

What was Griswald vs Connecticut?

Answer 5

-Court case involving privacy.
-A married couple wanted to go on birth control and they got in trouble for it. Went to Supreme Court.
-The government can’t tell adults what they can and can’t do in their own home.
-Substantive due process

Question 6

What was Lawrence vs Texas?

Answer 6

-About sodomy (anal sex). Illegal.
-Because gay sex entailed sodomy, being gay was illegal.
-Used griswald vs Connecticut as a precedent for privacy. Government can’t tell adults what they can’t do in their own home.
-Being gay is legal now
-Substantive due process

Question 7

What is Loving vs Virginia?

Answer 7

-Marriage.
-Interracial couple wanted to get married in Virginia. It was illegal. -Supreme Court ruled unanimously that they should be able to get married
-Substantive due process

Question 8

What is Gideon vs Wainwright?

Answer 8

-Gideon stole things but couldn’t afford an attorney. They wouldn’t give him one because it wasn’t a murder case. -He got five years prison
-He wrote the Supreme Court while he was in prison, they heard the case and said people should be able to have lawyers (Gideon won)
-Procedural due process