April4PoliSci412 - Political Science 411 Constitutional Law...

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Political Science 411 Constitutional Law Schweber Lecture April 2, 2009 1) Syllabus 4/2 Procedural Due Process and Vagueness Readings: * Paul v. Davis (1976) * Goldberg v. Kelly (1970) * Matthews v. Eldridge (1976) * City of Chicago v. Morales (1999) With these readings we return to the Due Process Clause. In its simplest and most obvious reading, this clause requires that the government go through some set of procedures before it deprives a person of “life, liberty, or property.” What are those procedures? How should they vary in different contexts? Where to we look to decide how much process is “due” someone in a given case? Some questions and points to think about : What are the possible consequences of Paul in practice? How does the reasoning in that case fit with other areas of constitutional rights jurisprudence? o How many of our laws would pass the “fair notice” standard if it was rigorously applied? What does or should that standard amount to in practice? o When should procedural due process requirements kick in? Do we tend to provide too much, too little, or about the right amount of procedural protection to persons whose interests are affected by government actions? 2) Goldberg v. Kelly 1970 ( http://en.wikipedia.org/wiki/Goldberg_v._Kelly ) a) Background i) Welfare cut off, hearings held post cutting the people off, because people live off welfare they can’t afford to wait for a hearing after it is taken away ii) Apply 14 th amendment because it cuts off ability for people to live b) Concepts that come out
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This note was uploaded on 04/06/2009 for the course POLI SCI 412 taught by Professor Staff during the Spring '08 term at University of Wisconsin.

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April4PoliSci412 - Political Science 411 Constitutional Law...

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