First Freedoms Constitutional Rights - WHAT IS DUE PROCESS?
19 important questions on First Freedoms Constitutional Rights - WHAT IS DUE PROCESS?
What do the Fifth and Fourteenth Amendments guarantee regarding life, liberty, and property?
- No deprivation without appropriate legal procedures
- Government actions must follow fair processes
- Limits on government power
What must the government provide to lawfully deprive a person of their rights?
- Following due process of law
- Fair trial and right of appeal
- Representation by an attorney
What two questions arise in discussions about due process rights?
- Is the asserted interest a right protected by the Fifth or Fourteenth Amendment?
- If protected, what level of protection is necessary?
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In what cases does the right to life primarily arise according to due process?
- Death penalty cases
- Implicitly in abortion cases, e.g., Roe v. Wade
- Rights of fetuses were examined in Dobbs decision
What does liberty encompass beyond physical freedom in the constitutional context?
- Freedom from bodily restraint
- Right to contract, work, and obtain knowledge
- Family autonomy and parental rights
How does the concept of property operate under due process protections?
- Fair processes before government seizure
- Protection against misappropriation
- Just compensation under eminent domain
What does a property interest entail as defined by courts?
- An entitlement already possessed
- Distinction from future expectations
- Basis for due process rights
What is the three-factor balancing test established in Mathews v. Eldridge?
- Strength of affected person's interest
- Risk of erroneous decision and reduction by procedures
- Importance of government’s interest in the action
How did the Supreme Court address due process in Goss v. Lopez?
- Students have significant interests in education
- Due process requires fair considerations before suspensions
- Mistakes can occur without thorough hearing
What determines how much process is due in school discipline cases?
- Severity of the punishment
- Importance of the student’s interest
- Nature of the charges against the student
What does the Fifth Amendment prohibit regarding life, liberty, and property?
- Depriving individuals of rights without due process of law
- Ensuring fair treatment and legal procedures
- Imposing limitations on state powers
How does the Fourteenth Amendment expand the due process clause?
- No state can deprive any person of life, liberty, or property
- Reinforces the federal protection
- Emphasizes equality under law
What must the government do before depriving someone of their rights?
- Fair trial for the accused
- Right of appeal
- Provision of an attorney
- Adherence to due process standards
What are the two issues that arise when asserting a right to due process?
- Is the interest a protected right under the Fifth or Fourteenth Amendment?
- How much protection and process is due?
How does the Supreme Court interpret the right to liberty?
- Physical freedom from imprisonment
- Rights to engage in activities, such as:
- - Contracting
- - Marrying
- - Establishing a home
- - Worshiping freely
What does property include under the due process clauses?
- Tangible property rights
- Intangible property rights, such as:
- - Professional licenses
- - Public contracts
- - Jobs
- Protection against unfair government seizure
What key changes did the Supreme Court make regarding property interests?
- A property interest exists where there is an entitlement
- Entitlement is based on what is already possessed
- Expectations of future benefits do not qualify
What factors determine the amount of procedure required in due process cases?
- Interest of the affected person
- Risk of erroneous decisions
- Government's interest in taking action
What procedural requirements did the Supreme Court set in Goss v. Lopez?
- Students must have a fair hearing before suspension
- Importance of school attendance was acknowledged
- Opportunity to present their side is necessary
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