Due Process

Question 1

Procedural Due Process

Answer 1

Concerned with deprivations of life, Liberty, and Property.

• You have a property interest in your government job or benefit whenever you have a legitimate entitlement to continued employment of the job or benefit.
• Sometimes, a hearing must occur before the deprivation (terminating welfare benefits; non-emergency revocation of drivers licenses).
• Sometimes, the hearing can occur after the action, so long as it is prompt and fair.

Question 2

Substantive Due Process

Answer 2

Due Process versus equal protection: if a law denies a fundamental right to everyone, it violates due process, but if a law denies a fundamental right to only some it violates equal protection.

Question 3

Basis of Review for Substantive Due Process

Answer 3

A governmental regulation that infringes upon a fundamental right is subject to strict scrutiny standard of review, while a governmental regulation that does NOT infringe upon a fundamental right is subject to the rational basis standard of review.

Strict scrutiny. The government must prove that the regulation is the least restrictive means to achieve a compelling government interest.

Rational basis. The challenger must prove that the regulation is NOT rationally related to any legitimate government interest.

Question 4

Fundamental Rights

Answer 4

travel, vote, and privacy;

contraceptive, abortion, marriage, privacy, education, raise a family.

Question 5

Equal Protection - 14th Amendment

Equal Protection on Age

Answer 5

The Equal Protection Clause on the 14th Am. provides that “no state shall….deny to any persons within its jurisdiction the equal protection of the laws.”

This clause applies only to states and localities. Laws classified on the basis of age are reviewed under the rational basis standard.

Question 6

Standards of review - EPA

Answer 6

Prohibits the government from denying citizens equal protection of the laws. When the government makes laws that classify people into groups, the constitutionality of the law will be evaluated according to the type of classification made.

If a suspect classification is involved, the strict scrutiny standard applies. Classifications are suspect if they are based on race, ethnicity, national origin or alienage.

If a quasi-suspect classification is involved, the intermediate scrutiny standard applies. Classifications are quasi-suspect if they are based on gender or legitimacy. Under intermediate scrutiny, the government must show that the classification is substantially related to an important government interest.

For all other classifications, the rational basis standard applies. Under rational basis, the challenger must prove that the regulation is NOT rationally related to any legitimate government interest.

Question 7

Government intent

Answer 7

For strict or intermediate scrutiny to be applied there must be an intent on the part of the government to discriminate. A discriminatory effect or disparate impact toward a group of people alone is NOT enough to show governmental intent.

Governmental intent may be shown by:

1) a law that is discriminatory on its face
2) a discriminatory application of a facially neutral law; or
3) a discriminatory motive behind a facially neutral law.