Topic: Substantive and Procedural Due Process Flashcards
What do the Constitution and Bill of Rights generally protect individuals from?
Government action.
Note: Does NOT Include:
- Actions not committed by government
- Acts that qualify as government INaction
What are the 4 Constitutional Standards for PH actions established in Jacobsen (1905)?
- PH Necessity
- Reasonable Means - “real or substantial relation” to the problem
- Proportionality - burden v. benefit
- Harm Avoidance - no undue risk
How can you use Jacobsen (1905) on the exam?
Jacobsen’s standard is no longer “current precedent” because it has been replaced by substantive DP analysis. However, it is considered “persuasive” authority, in that you can use it to help explain why a PH act does or does not meet the requirements of the scrutiny standard.
According to Jaconbsen (1905), when do private rights over come PH power?
- When there will be harm to the individual
- If common knowledge doesn’t support the PH action
- When you can’t otherwise uphold the rule under the Jacobsen standard
- When the law is arbitrary or capricious
What is the importance of Lochner v. NY (1095)?
Lochner has been overturned. However, it is important because:
- It created the “Lochner Era” in which SCOTUS struck down important health and social legislation
- It demonstrates unwarranted judicial interference with democratic control over the economy
- It upheld individual liberties over the government’s ability to make laws for the public good.
From which amendments do we get Due Process?
- The 5th amendment - applies to FEDERAL Government
- The 14th amendment - extends the 5th amendment to the STATES
What is Procedural Due Process (PDP)?
The principle that prior to depriving an individual of life, liberty, or certain property rights, the govt must provide procedures to ensure that the decision is fair
What are the procedures that may be required under PDP?
Notice Hearing Neutral fact-finder Counsel Cross-examination “Clear & Convincing” evidentiary standard Right to appeal Verbatim transcript for appellate purposes
How much PDP is due?
It depends.
General Rule: The greater the deprivation of liberty, the greater process required.
Matthews v. Eldrigde (1976)
- What area does this case deal with?
- What are the 3 factors courts balance?
- PDP
1. Nature of interests involved
2. Risk of erroneous deprivation of liberty (incorrect decision avoidance)
3. Fiscal or administrative burdens of adding PDP
Define Substantive Due Process (SDP)
The constitutional principle that focuses on the justification for government action by saying the government regulation must bear some relationship to the legitimate ends of government.
What are some critiques of SDP?
- Too much discretion for non-elected judges
- Overly outcome-determinative (the level of scrutiny assigned often determines the outcome of the case)
- Does not work well for PH regulation
- Sliding scale may be a better format (especially for PH purposes)
What is the Equal Protection Clause (EPC)?
The clause in the 14th amendment that focuses on government classifications of persons. Laws which treat different classes of citizens differently must bear some relation to a government purpose and must treat similarly situated individuals similarly.
SDP Standards
Which rights fall under Rational Basis?
Everything that is not under Strict Scrutiny or otherwise stated (like abortion).
Specific ones: - Right to contract - Economic activity
SDP Standards
Which rights merit strict scrutiny?
“Fundamental” rights, including: Right to marry Right to procreate Right to purchase/use contraceptives
How do you evaluate restrictions on abortion under SDP analysis?
Undue Burden Test. (Planned Parenthood v. Casey)
- Before viability = no undue restrictions
- After viability = any regulations permissible, as long as they have exception for life of mother
EPC Who merits strict scrutiny?
“Suspect Classes”
Race Alienage/Citizenship
What makes someone fall under a “suspect class”?
- Immutable trait
- History of discrimination
- Discrete & Insular - lack of ability to be heard in political process
- Stereotypes
What is a “fundamental right”?
A right enumerated in the Bill of Rights, OR A right which is both an intimately personal choice AND deeply rooted in the nation’s history and tradition
What is the Rational Basis Standard?
Govt interest: must be Legitimate
Law’s relation to interest: must be Rationally related (not arbitrary)
What is the Intermediate Scrutiny Standard?
Govt interest: must be Important
Law’s relation to interest: must be substantially related
What is the Strict Scrutiny Standard?
Govt interest: must be Compelling
Law’s relation to interest: must be Necessary
Law must be thr least-restrictive alternative
What merits Intermediate Scrutiny?
Sex, legitimacy of birth
State the standards for SDP Analysis
Rational Basis Review Strict Scrutiny
State the standards for EPC Analysis
Rational Basis Review
Intermediate Scrutiny
Strict Scrutiny
EPC
Who merits Rational Basis?
Every classification that is not Intermediate or Strict scrutiny
What is the importance of Green v. Edwards (WV Appeals, 1980)
Answers the question of how much you can restrict people for PH purposes.
What is the holding of Green v. Edwards (WV Appeals, 1980)
Government does have ability to exercise police power to limit personal liberty of people for PH purposes,
HOWEVER: Persons subject to civil commitment measures for PH purposes must receive the same PDP protections as someone facing commitment for mental illness. This includes the full range of PDP rights.
What was the outcome of Jew Ho v. Williamson (1900)
The court held that a San Francisco quarantine enforced only against one race was unconstitutional. The quarantine was also overbroad, since it included blocks without plague reports. Thus, the actual operation of the quarantine was not in line with the reasoning given for it.
What happened in City of Cleburne v. Cleburne Living Center (1985) and why was it important?
Facts: Town required special permit only for building housing for mentally retarded.
Importance: Demonstrates rational basis test - the interest of the state was not rationally related to the law.
