Ch. 11-13 Flashcards
Due Process Clause
Protects a person’s right to liberty, life, and property. Gov cannot deprive without due process of law. Uses term person instead of citizen or resident.
Due Process Clause Amendments
Fifth (Federal) and Fourteenth (State and Local)
Procedural Due Process
Government must treat persons fairly while it attempt to interfere with their liberty interests. How Gov processes and safeguards individuals and their claims
Substantive Due Process
Concerns the type of substance of behavior that is included as a “liberty” under Due Process Clause.
Fifth Amendment
No Person shall be deprived life, liberty, or property without due process of law.
Fourteenth Amendment
No state shall deprive any person of life, liberty, or property without due process of law.
Protected Due Process Liberties (5)
Privacy, Marriage, same-sex marriage, adult choice of consensual sexual activity, right to travel
Not Recognized as protected liberty in due process (3)
Physician-assisted Suicide, Right to die, private use of illegal narcotics
Strict Scrutiny Test
Most rigorous constitutional test; right to privacy is weighed against the gov’s intrusion upon this right, requires compelling need.
Ninth Amendment
The enumeration of certain rights does not deny or disparage other rights (catch all)
Roe V Wade (1973)
Court struck down a Texas Law outlawing abortion, gov could not interfere with fundamental privacy without compelling government interest.
Lawrence v. Texas (2003)
Court ruled that a Texas law outlawing homosexual sodomy, but permitting heterosexual sodomy, deprived individuals of a liberty interest protected by Fourteenth Amendment Due Process Clause.
Obergefell v Hodges (2015)
Invalidated laws against same sex marriage due to violated liberty interests under Fourteenth Amendment Due Process Clause.
Federal Defense of Marriage Act (DOMA) (1996)
Established a federal definition of marriage excluding same-sex marriage.
United States v Windsor (2013)
Found ban on same-sex marriage unconstitutional.
The Contract Clause
States cannot impair the obligations of contracts
Due Process as an Economic Liberty
Constitutional enhancement for racial equality
The Takings Clause (Economic Liberty Fifth Amendment)
Protects against government taking of private property for public use without just compensation
Liberty of Contract
Fourteenth Amendment provision to engage in contractual relations without governmental interference
Eminent Domain
Power of government to take property for public use provided just compensation
Agins v Tiburon (1980)
Clarified land-use regulation - substantially advances legitimate state interests and does not deny an owner economically viable use of his land.
Concept of Liberty
Freedom from unreasonable restraint
Fundamental Liberty Interests (7)
Speech, religious freedom, equality, association, liberty, assembly, trial by jury
Fundamental Rights
Freedom of speech
Freedom of religion
Right to vote
Right to privacy
Right to bear arms
Protection against self-incrimination
Protection against unreasonable searches and seizures
Equal protection