Con Law: Procedural Due Process and incorporation

Question 1

Incorporated amendments include

Answer 1

all of the bill of rights, except:

(1) the 5th amendment right to grand jury indictment;
(2) the 7th amendment right to jury trials in civil actions; and
(3) the 8th amendment protection from excessive fines

Question 2

Scope of due process

Answer 2

Due process and equal protection apply to all person (corporations and aliens too).

Question 3

Procedural due process

Answer 3

Comes from both the 5th and 14th Amendments; protects against the deprivation of life, liberty, or property without due process, which requires adequate notice and a fair hearing.

Question 4

Deprivations of liberty

Answer 4

liberty interests include freedom from: restraints and physical punishments. Does not include injury to reputation or forced administration of medicine.

Question 5

Property interest

Answer 5

Includes: publice education; continued welfare benefits; retention of driver’s license; public employment (where not “at will”); business licensing; and forfeiture of property

Question 6

Life interests

Answer 6

freedom from the deprivation of life; usually comes up in contexts of abortion or right-to-die