due process

Question 0

when is a protected property or liberty interest at stake?

Answer 0

must be a constitutionally protected interest or private property
(must be a “vested” property interest, meaning there must be a legitimate claim of entitlement, rather than a unilateral expectation)

Question 1

when does the procedural due process clause apply

Answer 1

1. state action
2. impairs a protected property or property interest (fundamental right/ liberty)
3. without appropriate due process (notice and meaningful opportunity to be heard)

Question 2

what process is due

Answer 2

meaningful opportunity to be heard, notice, etc.

Question 3

when is substantive due process violated

Answer 3

when a fundamental right is impaired, and there is no demonstration that the impairment of the right is narrowly tailored to serve a compelling state interest