IV. Due Process

Question 1

Subsatantive due Process

Answer 1

prohibits States from infringing ​fundamental​ liberty interests, unless the infringement is narrowly tailored​ to serve a ​compelling​ state interest.

Question 2

Rational basis test

Answer 2

Government Interest​: any conceivable legitimate purpose
Relation of Means to Purpose​: Rationally related
Burden of Proof​: the challenger
Initial Presumption​: law is constitutional

Question 3

Strict scrutiny Test

Answer 3

Government Interest​: compelling
Relation of Means to Purpose​: necessary for purpose
Fit​: narrowly tailored to purpose
not under- or over-inclusive
least restrictive means available to achieve purpose
Burden of Proof​: the government

Question 4

Rational basis with a bite

Answer 4

Government Interest​: legitimate
non-invidious government purpose
Relation of Means to Purpose​: rationally related
Fit​ - NOT over- or under-inclusive
Burden of Proof​: on the challenger to show discriminatory intent

Question 5

Undue burden

abortion only

Answer 5

Purpose or effect of the regulation may not impede a women’s right to receive an abortion.

Question 6

Intermediate Scrutiny

Answer 6

semi-suspect classifications
the ​government​ must prove the classification is ​fair and substantially​ ​related​ toa ​important​ (significant or substantial) government interest

Question 7

Due Process (application)

Answer 7

1. Determine if their is state action
2. Define liberty at stake
3. is it a fundamental right (look at creation analysis)
4. was the right substantially infringed?
5. Apply appropriate level of scrutiny

Question 8

Creation of Fundamental Rights

Answer 8

(1) L​ ook at precedent​ - compare the asserted liberty interest to the rights recognized as fundamental or non-fundamental in its prior decisions;
(2) L​ook at history​ - determine whether the right is “d​ eeply rooted in this Nation’s history and tradition​” and “​implicit in the concept of ordered liberty”​
(3) C​onsider national ethical values​, customs/traditions
(4) P​rudential concerns​ regarding the ​effect​ of recognizing a fundamental right in
the presented context

Question 9

Procedural Due Process

Answer 9

When a state or state actor denies individual life, liberty, or property without due process.

Question 10

Test for Procedural due Process

Answer 10

1. Has an ​interest​ been ​deprived​ by ​government action​?
   -Entitlement must come from an ​independent source​ such as a state law
   - Person must have a ​reasonable expectation​ that job would continue for it to be a property interest, not a mere expectancy
2. What Process is Due?​ ​Usually notice + opportunity to be heard
   .

Question 11

Matthews Balancing Test Procedural Due Process

Answer 11

​ - To ascertain whether the existing safeguards are adequate, courts balance​ the ​private​ and ​government interests​ at stake and compare the existing safeguards to the value of adopting additional safeguards