Due Process

Question 1

Board of Regents v. Roth
Roth was a professor on a one year contract at public university and his contract was not renewed, but Roth wanted some type of reason and opportunity to challenge the decision not to rehire

Answer 1

To have a property interest in a benefit, a person must have more than an abstract need or desire for it. There must also be more than a unilateral expectation of it. Instead, there must be a legitimate claim of entitlement.

Question 2

(Castle Rock v. Gonzales)
Mother had TRO. Father took the children. Language on the back of the TRO suggested that the police had to use every reasonable means to enforce the order and shall arrest or seek a warrant if arrest was not practical. After Mother called several times about the missing children, and the police refusing, Father showed up to police station and shot at police. Father died and so did children, who were dead in the car.

Answer 2

A benefit is not a protected entitlement if government officials may grant or deny the entitlement at their discretion.

Question 3

Bi-Metallic v. Colorado
People wanted an opportunity to be heard before Colorado raised property taxes by 40%

Answer 3

If the government order affects a large number of people, the Constitution DOES NOT require that all persons be given an ability to be heard on the issue.

Question 4

Goldberg v. Kelly
Facts: Residents of New York received federal welfare benefits. These benefits were discontinued before a hearing took place.

Answer 4

the interest of the recipient in uninterrupted receipt welfare, clearly outweighs the State’s need to prevent an increase in its fiscal and administrative burdens

Question 5

Mathews v. Eldridge
Eldridge received disability benefits that were terminated after a re-evaluation of his medical condition.

Answer 5

(Matthew Balancing Test):
The nature of the private interest that is affected
The risk of deprivation of that interest through the current procedures used and the value that would be added by requiring a hearing.
The government’s interest and the administrative burdens (ex. Costs + time of holding hearings for everyone affected)

Question 6

Cleveland Board v. Lourdermill
He worked as a school security guard and school found out he lied about not having a felony and fired him without giving him opportunity to respond.
Since he worked for the school he was a public employee, and statute says he can only be terminated for-cause.

Answer 6

Public employees are entitled to a pretermination hearing to respond and post-termination procedures when there is for-cause termination.

Question 7

Lochner v. NY
Facts: Defendant unlawfully permitted an employee to work more than 60 hours/week at his bakery.

Answer 7

The general right to K in relation to his business is part of the liberty of the individual that is protected by the Fourteenth Amendment. State can regulate if there is legitimate interest to protect health, welfare, and safety.
But here, it is arbitrary only applies to bakeries.
RATIONAL BASIS

Question 8

Nebbia v. NY
Facts: An NY grocer was selling bread and milk in a bundle that was below the statutorily fixed maximum and minimum retail prices.
Issue: Whether the Constitution prohibits fixing the price of milk.

Answer 8

This is not arbitrary or unreasonable because for public health reasons.
RATIONAL BASIS

Question 9

West Coast Hotel v. Parrish
State minimum wage interfering with Hotel’s right to contract with maids.

Answer 9

State can regulate minimum wage when there is a reasonable relation to a legislative purpose such as general welfare.
RATIONAL BASIS

Question 10

U.S v. Carolene Products
Law prohibited shipment of mixed milk products.
Congress had reasonable goal: health

Answer 10

Laws that regulate the interstate transportation of commercial products are analyzed under the rational basis test.
RATIONAL BASIS

Question 11

Williamson v. Lee Optical
a law that an optician could not fit lenses without a prescription even if it was to fit duplicate lenses.

Answer 11

A law does not need to be logically consistent with its aims to be Constitutional. It is enough that there is an evil at hand for correction, and it might be thought that the particular legislative measure was a rational way to correct it.
RATIONAL BASIS

Question 12

(Loving v. Virginia)
Wife and husband were an interracial couple, which was against Virginia law. The law required they either be arrested or leave the state and not come back for 25 years.

Answer 12

The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men.
STRICT SCRUTINY

Question 13

(Obergefell v. Hodges)
Petitioners are fighting the definition of marriage.
Issue: Whether same-sex marriage is constitutionally protected under the Fourteenth Amendment.

Answer 13

Marriage is a fundamental right that extends to same-sex couples.
STRICT SCRUTINY

Question 14

Meyer v. Nebraska
Prohibited teaching any other language than English

Answer 14

The right to teach and the right of parents to engage teachers to teach their children are within the liberty of the 14th Amendment
STRICT SCRUTINY

Question 15

Stanley v. Illinois
Denied widowed unwed father a hearing for his fitness

Answer 15

The Due Process Clause requires that unwed biological father be accorded a hearing as to their fitness as a parent before the children are declared wards of the state court.
STRICT SCRUTINY

Question 16

Moore v. City of East Cleveland

East Cleveland’s housing ordinance limited occupancy in a dwelling to a single family. Thus, Appellant’s grandson could not live in the home with her without violating the ordinance.

Answer 16

an individual’s right to live with their extended family may not be violated.
STRICT SCRUTINY

Question 17

Quilloin v. Walcott
The statute that only the mother may veto an adoption of an illegitimate child does not violate the Due Process clause.
Child was in custody of the mom for entire life. Step dad wanted to adopt child. Bio dad came only now to stop the adoption.
Dad never acknowledged child before

Answer 17

An unwed father’s biological connection to their children, without more, does not automatically afford parental rights under the DP clause

STRICT SCRUTINY

Question 18

Lehr v. Robertson
the biological father did not register on the list and was uninformed about an adoption.
Didn’t do any father duties before this

Answer 18

The mere existence of a biological link does not merit constitutional protection under the Due Process clause; must demonstrate a full commitment to the responsibilities of parenthood by coming forward to participate in the rearing of his child, then his interest in personal contact w/his child acquires subtantial protection under the Due Process Clause

STRICT SCRUTINY

Question 19

Michael H. v. Gerald D.
Married woman has baby out of wedlock. Baby is presumed to be product of the marriage.

Answer 19

Presumed paternity by the husband of a biological mother does not infringe upon the Due Process rights of the biological father because the Due Process clause affords only those protections “so rooted in the traditions

STRICT SCRUTINY

Question 20

(Troxel v. Granville)
Tommie and Brad never married and had 2 children. Brad committed suicide and his parents had the children over for visits. However, Mother sought to shorten the visits, but a Washington statute provided the Court would order visitation if in the best interests of the child.

Answer 20

Courts cannot grant rights for visitation, even if they are in the best interests of the minor, if the biological parent opposes such visitation since they have a fundamental right to rear their children

STRICT SCRUTINY

Question 21

Dobbs v. Jackson

Answer 21

The Constitution does not confer a right to abortion.
It is not found in the text or in history/tradition
NO CONSTITUTIONAL RIGHT to abortion
So, rational basis test is applied.
Now the decision to regulate is in the hands of the states, and whatever the states approve thats what is done, unless its not rational

RATIONAL BASIS