Due Process

Question 1

Substantive Due Process

Answer 1

Substantive Due process applies when the government is taking away or restricting a right from everyone.

Some rights are fundamental. Fundamental rights are the right to interstate travel, free speech, and the right to vote. In Florida, the right to privacy is the right to be left alone from any government intrusion. Florida also provides a fundamental right to work, which means you cannot be punished for exercising your right to join a union or not.

If the government is regulating a fundamental right, strict scrutiny applies. The government has the burden to prove the law is necessary to achieve a compelling interest.

Question 2

Procedural Due Process

Answer 2

Procedural due process rights apply when the government takes away a property right. Property rights are employment, government benefits, professional licenses, or livelihood.

Procedural due process requires notice and a hearing.