Procedural Due Process

Question 1

Mathews v. Eldridge: Challenged DP rights were violated when his “discontinued disability” SS benefits

Answer 1

Held: gov’t could terminate benefits w/o evidentiary preceding

Majority (Powell): Have to apply three factor balancing test

Balancing test:
the interests of the individual involved and the threatened injury,
the risk of erroneous deprivation of the interest through the procedure used, and
Govs interest (including cost and administrative burden) of additional safeguards.

Question 2

Ingraham v. Wright

FL statute authorized corporal punishment for disciplining student in public schools

Answer 2

Issue→Whether the DPC requires notice and a hearing prior to the imposition of corporal punishment in public schools

Holding (Powell, J)→No→corporal punishment DOES implicate students’ liberty interests, and these interests are protected by due process
Apply Mathews balancing test→prior notice and hearing are not required under these circumstances
Under balancing test, it is sufficient for due-process purposes that excessive corporal punishment can be punished after the fact, both criminally and civilly
Corporal punishment=recognized practice under state law
Need to maintain school order

Question 3

Overview

Answer 3

Gov may not intentionally deprive someone of:
“life liberty or property” w/o notice and opportunity to be heard.

Defining Liberty/ Property

Liberty: depriving a person of significant freedom of action (physical or legal), such as imprisonment.
Property: includes real and personal property,
public education, welfare benefits, and pubic employment that is not at will.

Amount of process due:
at a minimum, an opportunity to present objections to the proposed action in the presence of an impartial decision maker.

Legislative v Adjudicative
Legislative: generally fall outside of DPC
Adjudicative: generally fall within constraints of DPC

Evaluation:
Question: Is life, liberty, or property affected?
Fairness Evaluation: Look at 2 sources to see what is fair:
Constitution Common law/ statutes
History: Settled ussages/ modes of proceeding existing in england before our ancestors, → History