Due Process (5th & 14th Amendments)

Question 1

Due Process Clause

Answer 1

No person shall be denied life, liberty, or property without due process of law.
− Applicable to the States→14th Amendment
− Applicable to Fed. Govt.→5th Amendment

Question 2

Substantive Due Process

Answer 2

govt.’s power to regulate certain activities.

Question 3

Fundamental Rights Test

Answer 3

When regulating fundamental rights, it must satisfy strict scrutiny → Govt. must show strict scruntiny the law is necessary to serve a compelling governmental interest.

− Fundamental Rights:

• right to vote
• interstate travel
• privacy (marry, procreate, use contraceptives, raise one’s child, keep family together, maintain custody over children)

Question 4

Non-Fundamental Rights Test

Answer 4

When regulating activities that do not constitute a fundamental right, it must meet the rational basis test:

Plaintiff must show the law is not rationally related to a legitimate govt. interest.

Question 5

Procedural Due Process

Answer 5

Certain procedures are required when the govt. deprives a person of life, liberty (freedom), or property (an entitlement that is not fulfilled).

Question 6

What procedure must the gov. show in Procedural Due Process?

Answer 6

To determine the procedure required, the court balances the:

(1) Importance of the private interests;
(2) Risk of error under current procedures and the value of additional procedures; and
(3) Importance of state interests and the burden that arises from additional safeguards.

*Due process usually requires notice and an unbiased hearing with a neutral. decision maker.