Due Process, Equal Protection, and Civil Rights Flashcards
Which amendments include the Due Process clause?
The 5th and 14th
What is procedural due process?
What legal process is someone due given the circumstances? For example, death penalty cases are closely scrutinized while a public benefit claim is not.
What prompted the Mathews v. Eldridge case?
Eldridge received disability benefits. Government decided to terminate those benefits. Eldridge was given notice and time to submit additional information. He was given the ability to request reconsideration after termination of his rights, but he instead challenged the administrative procedures under Due Process due to the lack of a hearing.
What test did the Court apply to determine if due process was violated when an evidentiary hearing was not held in Mathews v. Eldridge?
The 3-part Mathews Test.
- What is the private interest that will be affected?
- What are the odds the process led to the wrong outcome, and how likely are additional processes to make a difference,
- What additional burden would an additional procedural requirement place on the government?
How did the Court answer the Mathews Test in this case?
- The potential deprivation is less than in other cases involving welfare recipients. Other forms of assistance are available.
- The value of additional oral/evidentiary hearings is limited, given the previous use of unbiased medical reports.
- Increased hearings would increase costs. Less resources go to those who are actually deserving. Public interest in maintaining low costs.
Therefore, no evidentiary hearing was required.
What is substantive due process?
The creation of certain unassailable rights via Due Process
What does incorporation refer to?
The application of the Bill or Rights to the states via the 14th amendment’s Due Process clause.
What clause and amendment were involved in the Grutter v. Bollinger case?
The Equal Protection Clause of the 14th amendment
What prompted Grutter v. Bollinger?
A white student with high grades and test scores was denied admission to UM’s law school. She said the school’s use of affirmative action was a violation of the Equal Protection clause
What level of scrutiny must be applied in Grutter v. Bollinger and what does that level entail?
Strict scrutiny. Such classification (for example, by race) must be narrowly tailored to further compelling government interests
How did the Court apply strict scrutiny to Grutter v. Bollinger?
First, it said that the law school and subsequently the state had a compelling interest in a diverse student body. To be narrowly tailored, a quota system cannot be used. The school’s use of “critical mass” does not constitute a quota system. Race is only one factor in admissions, not the factor
How does the Court determine the level of scrutiny to apply in a case, and what classifications are commonly subject to strict scrutiny?
It depends on whether the class involved is suspect. In other words, is it unlikely that there are good reasons for making distinctions based upon membership in it. Race, alienage, citizenship, and ethnicity are commonly held to strict scrutiny
What is intermediate scrutiny and what does it apply to?
Classifications must serve important government objectives and be substantially related to the achievement of those objectives. Typically applies to gender and illegitimacy
What level of scrutiny applies to most other distinctions?
Reasonable basis - does the classification have some reasonable basis; courts are highly unlikely to find fault with classification in these cases
What are some remedies for Civil Rights violations and from where do they come?
Monetary remedies - Klu Klux Klan Act of 1871, Section 1983
11th amendment - can sue state officials
Civil Rights Act of 1964 - Prohibits discrimination and allows for suit
