Due Process Clause

Question 1

Burden of proof for a statute that doesn’t involve a fundamental right challenged by a citizen

Answer 1

If no fundamental right is involved, the law will be upheld unless a challenger can prove that it is not rationally related to a legitimate government interest.

Question 2

Procedural Due Process- 14th Amendment

Answer 2

Under the Due Process of the Fourteenth Amendment, the state must provide some fair process or procedure before it may deprive a person of life, liberty, or property. Fair procedure at a minimum requires an opportunity to present objections to the proposed to a fair, neutral decisionmaker. Whether a prior evidentiary hearing is required and the extent of procedural requirements is determined by weighing (i) the importance of the individual interest involved, (ii) the value of specific procedural safeguards to that interest, and (iii) the governmental interest in fiscal and administrative efficiency.

Question 3

Due Process Clause - 5th Amendment

Answer 3

The Due Process Clause of the Fifth Amendment protects against action by the federal government. Although not expressly stated, this clause also provides an equal protection guarantee against federal action that generally applies to a similar extent that the Fourteenth Amendment Equal Protection Clause applies to the states.

Question 4

Due Process Clause - 5th Amendment: government employees

Answer 4

Under the Due Process Clause of the Fifth Amendment, a person has a liberty interest in the exercise of specific rights provided by the Constitution, including freedom of speech. A government employee may not be fired for expressing his views regarding public issues, but can be fired for speech that disrupts the employer’s policies or undermines the employer’s authority.