8. Individual Rrights

Question 1

What is the default judicial review standard for government action?

Answer 1

Minimal scrutiny, unless it conflicts with a enumerated right

Question 2

What are the 2 due process clauses?

Answer 2

1. The 5th Ammendemnt bars the Federal government from depriving any person of “life, liberty, or property without due process of law”
2. The 14th Ammendment applies the same prohibition to the States

Question 3

What are the two components of procedural due process?

Answer 3

• Proceadural Due Process has 2 issues:
  1. What constitutes a “life”, “liberty”, or “property” interest that cannot be taken away without due process of law?
  2. Once due process is requires, whoch sort of notice and opportunity to be heard constitutes due process?

Question 4

What’s so special about the 14th?

Answer 4

It made all every constitutional right apply to limit State power. Federal rights are the bare minimum, and the States cannot restrict them

Question 5

What interest is linked to procedural due process?

Answer 5

Property interest. The Government can take away property, but not without a process that is due

Question 6

What case speaks to procedural due process?

Answer 6

Goldberg v kelly. Emploment is a property interest when it is from the government it cannot be taken away without due process

Question 7

What is substantive due process?

Answer 7

Unenumerted rights, which are tricky since there is no written authority fro them. Ex Privacy

Question 8

What did the slaughterhouse case do?

Answer 8

It said there was a difference between the prinvillages AND immunities clause of the 5th, and the privileges OR immunities clause of the 14th. Some unenumerated rights can limit the states, but not all. This began the process of incorporation, recognizing which Federal rights applied to the states

Question 9

Which case laid the foundation for near boundless unenumerated rights?

Answer 9

Lachner