Due Process Flashcards
1
Q
Procedural Due Process
A
Protects all persons against intentional deprivation of life, liberty or property without due process of law (ie. notice, hearings)
2
Q
Substantive Due Process
A
Involves a determination of whether the government has adequate reasons for depriving life, liberty, or property
3
Q
Due Process: Non-fundamental rights get what level of scrutiny?
A
Rational basis
4
Q
Due Process: Fundamental rights get what level of scrutiny?
A
Strict Scrutiny
*right to privacy (CMPER)
*right to vote
*right to travel
5
Q
Takings Clause
A
Government cannot take private property for public use without just compensation
6
Q
Which amendment applies to federal government?
A
5th Amendment
7
Q
Which amendment applies to state and local government?
A
14th Amendment
