{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

Exam 2 Guide - Lesson 04 Substantive Due Process The Two...

Info icon This preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
Lesson 04: Substantive Due Process The Two Due Process Clauses in the Constitution Fifth Amendment: No person shall be deprived of life, liberty, or property without due process of law. (1791) Fourteenth Amendment: No state shall deprive any person life, liberty, or property without due process of law. (1868) Two Kinds of Due Process Substantive Due Process Does the government even have a right to intervene and make a law in this case Procedural Due Process Government must follow certain steps before they can deny you of your rights. The amount of procedures/protections due to a person depends on what is at stake Ex: Death penalty cases have the most procedures. Ex: issues involving search and seizure, right to jury trial; arrest Lochner v. People of State of New York (1905) Facts: The state of New York enacted a statute forbidding bakers to work more than 60 hours a week or 10 hours a day. Issue: Does the New York law violate the liberty protected by due process of the 14 th Amendment? Finding: 5-4 (Written by Peckham) – NY’s regulation of working hours of bakers was not a justifiable restriction of the right to contract freely under the 14 th Amendment’s guarantee of liberty. Reasoning: The Court invalidated the New York Law. Court maintained that the statute interfered with the freedom of contract, and thus the 14 th Amendment’s right to liberty afforded to employer and employee. Court viewed the statute as a labor law; the state had no reasonable ground for interfering with liberty by determining the hours of labor. Buck v. Bell (1927) Facts: Carrie Buck was feeble minded woman who was committed to a state mental institution. Condition had been present in her family for the last three generations.
Image of page 1

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
VA law allowed for sexual sterilization of inmates of institutions to promote the “health of the patient and the welfare of society.” Before the procedure could be performed, however, a hearing was required to determine whether or not the operation was a wise thing to do. Issue: Did the VA statute which authorized sterilization deny Buck the right to due process of the law and the equal protection of the laws as protected by the 14 th Amendment? Finding: Written by Justice Holmes Court found that statute die not violate Constitution. Reasoning Justice Holmes made clear that Buck’s challenge was not upon the medical procedure involved but on the process of substantive law. Since sterilization could not occur until a proper hearing had occurred (at which point the patient and a guardian could be present) and after the Circuit Court of the County and the Supreme Court if Appeals had reviewed the case, if so requested by the patient.
Image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern