SUBSTANTIVE DUE PROCESS Flashcards
1
Q
CONSTITUTIONAL SOURCE—TWO CLAUSES
A
- 2 separate clauses protecting substantive due process:
(1) DPC of 5th Amend (fed gov); and
(2) DPC of 14th Amend (state & local govs).
- As indicated above, same tests are employed under each clause.
2
Q
APPLICABLE STANDARDS: Fundamental Right—Strict Scrutiny
A
- Where a law limits a fundamental right, strict scrutiny will be applied, & the law (or other governmental action) will be upheld only if gov can prove action is necessary to promote a compelling/ overriding interest.
- Fundamental rights include:
(1) Right to travel;
(2) Privacy;
(3) Voting; and
(4) All First Amendment rights.
3
Q
All Other Cases—Mere Rationality
A
- All other cases: rationality test
- Law will be upheld unless challenger can prove action is not rationally related to any conceivable legit end of gov.
- Examples include the following
4
Q
Business and Labor Regulations
A
- Ct will sustain all varieties of business regulation;
- exs. “blue sky” laws, bank controls, insurance regulation, price & wage controls, unfair competition & trade practice controls, etc.
5
Q
Taxation
A
- Taxation: invariably sustained.
- However, discriminatory taxes might still be invalidated.
6
Q
Lifestyle
A
- SC will uphold laws: prohibiting drugs (“hard”/“soft”), requiring motorcyclists to wear helmets, or requiring police officers to have short hair.
7
Q
Zoning
A
- Regulation of ownership/use of property has also been liberally tolerated
8
Q
Statutes Forbidding Nuisances or Promoting Community’s Preferred Lifestyle
A
- Statutes forbidding certain uses as nuisances have been sustained, as have all kinds of statutes designed to promote public’s enjoyment of space & safety/to promote a community’s preferred lifestyle & character.
- For example, SC held that a Long Island suburb could zone out all groups of 3/more persons unrelated by blood, adoption, or marriage.
9
Q
Cannot Prohibit Traditionally Related Families from Living Together
A
- However, zoning regulations that prohibit members of traditional families from living together (i.e., zoning excluding cousins/grandchildren) violate due process
10
Q
Punitive Damages
A
- Punitive damages do not necessarily violate due process.
- However, “grossly excessive” damages—those that are unreasonably high to vindicate state’s interest in punishment—are invalid.
11
Q
Factors Considered
A
- In assessing whether punitive damages violate due process, key issue is whether D had fair notice of the possible magnitude of punitive damages.
- In assessing such notice, the Ct will look to:
(1) The reprehensibility of D’s conduct (whether D caused physical harm rather than merely economic harm, whether D acted w/ reckless disregard for harm, whether conduct was repeated rather than isolated, & whether harm resulted from intentional malice/deceit rather than from accident);
(2) The disparity between actual/potential harm suffered by P & the punitive award; and
(3) The difference between punitive damages award & the criminal/civil penalties authorized for comparable misconduct.
12
Q
Rule of Thumb
A
- Except for particularly egregious conduct—especially when the conduct resulted in only a small amount of compensatory damages—punitive damages should not exceed 9x the compensatory damages.
- Rx. punitive damages of 145x compensatory damages violate due process
13
Q
Compare—Vagueness Doctrine
A
- Under DPC of 14th Amend, a law can be held unconstitutional if it fails to provide minimal guidelines to govern law enforcement officers so as to discourage arbitrary & discriminatory enforcement
- Ex. holding unconstitutional on vagueness grounds an ordinance that allowed officers to disperse suspected gang members when they were “loitering,” which was defined as remaining in any one place w/ no apparent purpose
14
Q
A FEW IRREBUTTABLE PRESUMPTIONS MAY BE INVALID
A
- If gov “presumes facts” against a person so that she is not qualified for some important benefit/right, the irrebuttable presumption may be unconstitutional.
- Although Ct often characterizes this as a due process question, it is more accurately an equal protection question b/c gov is creating an arbitrary classification.
- In any case, if the presumption affects a fundamental right (ex. right to travel) or a suspect or quasi-suspect classification (ex. gender), it will likely be invalid under strict scrutiny/intermediate scrutiny analysis, b/c the administrative convenience created by the presumption is not an important enough interest to justify the burden on the right/class.
- If some other classification/right is involved, the presumption will likely be upheld under the rational basis standard.
15
Q
FAIR NOTICE
A
- Laws that regulate people/entities must give fair notice of conduct that is forbidden/required.
- A regulation that fails to give fair notice violates DPC