Substantive Due Process Flashcards
What is substantive due process based on?
The guarantee of substantive due process is based on the idea that laws should be reasonable and not arbitrary
What is the standard of review for substantive due process claims?
The standard of review in substantive due process cases is generally two-fold: a governmental action that infringes on a fundamental right is subject to strict scrutiny. However, if the interest infringed is not fundamental, then there need be only a rational basis for the regulation.
What is the strict scrutiny test?
Generally, the law must be the least restrictive means to achieve a compelling governmental interest.
For the strict scrutiny test under substantive due process, how is the least restrictive means found?
For the law to be the least restrictive means to achieve the government’s interest, there cannot be a way to achieve the same interest that is less restrictive of the right at issue. A law will not fail simply because there are other methods of achieving the goal that are equally or more restrictive.
Under strict scrutiny, the law should be neither over-inclusive (reaching more people or conduct than is necessary) nor under-inclusive (not reaching all of the people or conduct intended.
Under the strict scrutiny test, what is a compelling state interest?
There is no precise definition of what is ‘compelling’; it is generally understood to be something that is necessary or crucial, such a national security or preserving public health or safety.
Is strict scrutiny often passed?
No; strict scrutiny is often fatal in fact. It is a very difficult standard to meet and the great majority of laws reviewed under strict scrutiny are struck down.
where does the burden of proof lie in a strict scrutiny case?
The burden is on the government to prove that the law is necessary to achieve a compelling governmental interest.
What is the rational basis test under substantive due process?
A law meets the rational basis standard of review if it is rationally related to a legitimate state interest. This is a test of minimal scrutiny and generally results in the law being upheld.
Where is the burden of proof under the rational basis test?
Laws are presumed valid under this standard, so the burden is on the challenger to overcome this presumption by establishing that the law is arbitrary or irrational.
In court, the government’s stated interest in enacting the law need not be the one that it offered when the law was passed; any legitimate reason will suffice. (IN STRICT SCRUTINY THE GOV”T MUST DEFEND THE INTEREST IT STATED WHEN THE LAW WAS PASSED)
What is the applicability of the rational basis test?
The rational basis standard is used in all cases in which strict scrutiny or intermediate scrutiny does not apply. In practice, most legislation related to lifestyle, taxation, zoning, and punitive damages are under this standard.
Although punitive damages do not violate due process, excessive damages may; the court considers whether the defendant had fair notice of the possible magnitude before it will bar a punitive damages award.
The gov’t cannot presume facts about an individual that will deprive that individual of certain benefits or rights. By doing so, the gov’t creates an arbitrary classification that may violate due process as well as equal protection.
Does retroactive legislation violate substantive due process?
The retroactive application of a statute does not in and of itself violate substantive due process; therefore retroactive legislation must merely pass the rational basis test. In this way, retro estate taxes were upheld.
statutory changes that are remedial in nature (affects a remedy but does not create or abolish a right) are treated similarly (rational basis) (so lengthening statutes of limitations in civil case upheld)) (CRIM EXTENSION MAY BE A EX POST FACTO LAW)
What are fundamental rights generally?
Some rights are so deeply rooted in our nation’s tradition and history that they are considered fundamental. These rights include:
- Vote
- Travel
- Privacy (marriage, sex, abortions, child rearing, and related people living together)
EXAM NOTE: If, on a question, a fundamental right is being infringed upon for all persons, the issue is likely one of substantive due process. But if the right is being denied to only a particular class of persons, then equal protection is in play.
