Substantive Due Process - Fundamental Rights

Substantive Due Process - Fundamental Rights - 14th...

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14th Amendment: Substantive Due Process: Fundamental Rights Source: Internet (Author Unknown) Majority : Recognizing New Fundamental Rights I. Frame the issue: Broadly - is this a fundamental non-economic right? II. Facts: Is the law unconstitutional on its face or as applied? III. Text : “Nor shall any state deprive any person of life, liberty, or property w/o due process of law.” I. Structure The 14 th Amendment’s Due Process Clause includes 3 types of rights: Incorporated Rights : Bill of Rights is not directly applicable on the states (See Barron ). Subsequently, almost all of Bill of Rights has been incorporated into the 14 th Amendment’s Due Process Clause by the Court. Thus, with the exception of the right to a grand jury or a jury in civil trials, if a State deprives you of one of these rights, they are depriving you of liberty guaranteed you under the 14th. REVERSE INCORPORATION : Federal Due Process Clause: 5 th Amendment’s Due Process Clause has been interpreted the same way as the 14 th ’s Due Process Clause. Thus, any state action that would be forbidden under the 14 th , is also forbidden to the federal government via the 5 th Amendment’s Due Process Clause (i.e., Federal regulations restricting access to abortion). Procedural rights : rights afforded to citizens that protect them from government police power. Substantive Rights (Right to Liberty) : Fundamental rights that are not included in the Constitution. A citizen’s right to liberty or freedom from undue governmental interference . Substantive Due Process: The doctrine relying on the 14 th Amendment to invalidate a substantive state regulation. ANALYSIS Whether a government’s deprivation of life, liberty, or property is justified by a sufficient purpose? Analysis: 1. Is there a deprivation? 2. Is it of life, liberty, or property? 3. Does government have a good reason? Precedent : 2 Strains of Substantive Due Process :
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1 st Strain : Protection of Unenumerated Constitutional Rights : NON-FUNDAMENTAL RIGHTS (ECONOMIC): o Economic Liberties: Restriction that impairs will be upheld so long as there is a rational basis for it. o Lockner v. NY : Freedom to K fundamental right of liberty. Strict Scrutiny should be used to evaluate it. o From 1900-1937, Court used strict scrutiny to invalidate hundreds of economic laws on due process grounds (Lochnerizing). o From 1937 to the present, no economic law has been struck down on substantive due process grounds. o Lochnerizing replaced with rational basis for economic rights after 1937. U.S. v. Carolene Products : Rational Basis presumed if it’s economic. If issue involves Bill of Rights, the voting process, or discrete and insular minority, will apply strict scrutiny. Lee Optical
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This note was uploaded on 06/15/2009 for the course LAW 577 taught by Professor Staff during the Spring '08 term at Arizona.

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Substantive Due Process - Fundamental Rights - 14th...

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