Scrutiny Levels & Due Process Flashcards
Rational Basis - Test
Law must be rationally related to a legitimate governmental interest
Rational Basis - Burden of Proof
Laws are presumed valid under this standard
- Burden is on the challenger to overcome this presumption by showing law is arbitrary or irrational
- Gov’t will usually win under rational basis review
- Unless, discrim. is based on sexual orientation
Rational Basis - Applicability
Used in all cases in which one of the higher standards doesn’t apply
- Court gives extreme deference to the legislature’s right to define its objectives
Itermediate Scrutiny - Test
The law must be substantially related to an important governmental interest
Itermediate Scrutiny - Burden of Proof
Burden on gov’t to prove that the law in question passes intermediate scrutiny
Intermediate Scrutiny - Applicability
Used when classification is based on gender or status as nonmarital child (legitimacy)
Strict Scrutiny - Test
Law is unconst. unless it is the least restrictive means to achieve a compelling government interest.
Strict Scrutiny - Burden of Proof
Burden is on the gov’t to prove the law is nec.
- gov’t rarely meets its burden
- Most laws subjected to this std. of review are struck down
Strict Scrutiny Applicability
Applied if:
- fund. right or
- suspect classification
- Race
- Ethnicity
- National Origin
- Alienage (state law only)
Due Process Clause
Gov’t can’t deprive a person of life, liberty or prop. w/out due process
- DP Clause serves 2 functions
- Imposes certain procedural requirements on the gov’t b/f it can deprive a person of life, liberty, or property (Procedural DP)
- Limits the substantive power of the gov’t to regulate certain areas of life (Substantive SP)
Procedural Due Process
Fed. & St. gov’t must follow certain procedures b/f depriving any person
- DP clause obligates gov’t to give a person an opp. to be heard (notice & hearing)
- only when gov’t takes an action that deprives the indiv. of life or a prop. or liberty interest that’s protected by the clause
- Gov’t must provide a fair process b/f it can deprive a person of life, liberty, or prop.
The constitution protects individuals from what?
Gov’t action NOT privately inflicted harm
Procedural Due Process = Intentional or Reckless Act by Government
No procedural DP violation if injury was caused by gov’ts negligence
- Emergencies = Shock the conscience std.
- In emergency situations, there won’t be liab. unless gov’t acted with intent of causing harm to the victim
Procedural Due Process - Deprivation of Life
The interest in your life when the gov’t seeks capital punishment
Procedural Due Process - Deprivation of Liberty
Loss of a significant freedom secured by the const or statute
- Institutionalization of Adult - Requires notice & hearing b/f inst. unless its an emerg.
- Institutionalization of Child - Requires a screening by neutral fact finder
- Harm to Reputation - By itself is not a deprivation of liberty
- Prisoners - Rarely have liberty issues
- Writ of Habeas Corpus
- Is a separate civil suit for the release of a prisoner who has been unlawfully imprisoned
- Brings prisoner b/f ct. & requires that the custodian present proof of authority so the court can determine if the custodian has the lawful auth. to detain the prisoner
- Writ of Habeas Corpus
Procedural Due Process - Deprivation of Property
Loss of an entitlement
- A reas. expectation of cont. receipt of a benefit
- Includes:
- Pub. edu
- Pub. employment if termination for cause or tenured (NOT at will)
- Welfare Benefits
- Drivers License
Procedural Due Process - What Process is due?
What procedures must the gov’t follow in order to be able to deprive a person or corp. of life, liberty or property ?
The gov’t must give a person
- Adequate notice to the P AND
- Adequate opp. for P to be heard
Procedural Due Process - Procedures Required
Ct. will apply balancing test to determine if a prior evidentiary hearing is required &, if it is, the extent of the procedural requirements for the hearing
- Ct. will consider:
- The importance of the int. to the indiv. deprived of DP
- The risk of erroneous deprivation of the int. through the procedures that were used
- The ability of additional procedures to increase the accuracy of the fact finding
- The Gov’ts int. including the function involved & the fiscal & administrative burdens that the additional or substitute procedural requirement would entail
Examples of Procedure Required under Procedural Due Process
The balancing test gives the ct. a lot of discretion so its difficult to predict on the courts rule on procedural DP cases
- Termination of Welfare Benefits = Pre-Termination Notice & Hearing
- Termination of Soc. Sec/Disability Benefits = Post termination notice & Hearing
- Prejudgment attachment or gov’t seizure of assets = Preceded by Notice & Hearing, Except in exigent Circ.
- Prop. Used in Illegal Activity can be seized even if the actual owner of the prop. is innocent
- American Citizen detained as terrorist or enemy combatant = DP Required
- Permanent Termination of Parental Custody = Notice & Hearing
- Punitive Damages = Instructions to Jury & Judicial Review
- Grossly excessive Punitive Damages = Unconst. ➞ Violate DP
- Discipline by Public School = Notice of Charges & Opp. to explain
- Corporal Punishment - Does not require DP
Substantive Due Process
If a law limits the ability of everyone to engage in an activity, it’s a subst. DP issue.
- Gov’t must have an adequate reas. b/f depriving a person of life, liberty, or prop.
- Subst. DP protects economic liberties & fund. rights
Substantive Due Process - Deprivation of Economic Liberties
Rational Basis Test
- Subst. DP is violated if gov’t conduct doesn’t pass rational basis test (Means chosen are rationally related to leg. gov’t purp.)
