Due Process

Question 1

Due Process defintion

Answer 1

No personal shall be deprive of Life, Liberty, and Property without due process of law

Question 2

Types of Due Process

Answer 2

1. Substantive
2. Procedural

Question 3

Substantive Due Process

Answer 3

Statute depriving (deprives; take away; regulate) ALL people (citizens) of doing something
- look at what RIGHTS are being deprived:
- if fundamental rights = strict scrutiny
- if other = rational basis

Question 4

Strict Scrutiny

Answer 4

GOVERNMENT BURDEN to prove law is NECESSARY to achieve COMPELLING interest

Question 5

Fundamental Rights

Answer 5

1. Right to Vote
2. Right of Free Speech
3. Right to INTERstate Travel
4. Right of Privacy

Question 6

Right to Privacy

Answer 6

• Contraception: obtain & use
• Abortion: current law = abortion is NOT a fundamental right
• Marriage
• Procreation
• Education: Private education
• Raise your family

Question 7

Procedural Due Process

Answer 7

If a PROPERTY right is taken away, a person shall have a right to NOTICE and right to a HEARING

Question 8

Property Rights

Answer 8

Job, license, benefits (public)
- government or public employment, licenses, and/or benefit
- have to already had it (earned the benefit)