Due process of law
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Due Process of Law. Individual Rights. Due Process. The Constitution contains two due process clauses 5 th - One cannot be deprived of life, liberty of property without due process 14 th - The same restriction is put on the states. Definition.

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Due Process of Law

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Due process of law

Due Process of Law

Individual Rights

Due process

Due Process

  • The Constitution contains two due process clauses

  • 5th- One cannot be deprived of life, liberty of property without due process

  • 14th- The same restriction is put on the states



  • The Court has yet to specifically define what is due process, but has dealt with the issue on a case by case basis

  • Substantive Due Process- The government must create fair policies and laws

  • Procedural Due Process- The government must employ fair procedures and methods

Example of procedural due process

Example of procedural due process

  • In Rochin v. California, deputies arrested a man who swallowed two capsules

  • The officers took him to a hospital and pumped his stomach, finding the pills to be morphine.

  • The man was convicted of violating narcotics laws

  • The Supreme Court said this procedure was a violation of the 14th amendment

Example of substantive due process

Example of Substantive Due Process

  • In Pierce vs. Society of Sisters, the Court found that an Oregon Law that made it mandatory that all students from ages 8-16 attend a public school was unconstitutional.

  • The law itself was found to be unfair, since it “unreasonably interferes with the liberty of parents to direct their children’s education.”

Police power

Police Power

  • The authority of the state to promote public health, safety , morals and welfare

  • It is the power of each state to protect the well-being of its people

Police power1

Police Power

  • Often clashes with the idea of individual rights

  • Ex.

  • Each state sets tests to determine how to judge if someone is drunk driving

    • Breathalyzer, walk a line, blood sample etc.

How the state can protect public safety

How the state can protect public safety

  • 1) Health- States can limit the sale of alcohol, tobacco, and make laws on pollution

  • 2) Safety- States can require people to wear seatbelts, punish drunk drivers

  • 3) Morals- regulate gambling, outlaw the sale of obscene material and outlaw prostitution

  • 4) General Welfare- enact education laws, provide medical care to the needy etc.

Right of privacy

Right of Privacy

  • The Court has dictated that there is a right to privacy, even though it is not specifically listed in the Constitution

  • First appeared in Griswold v. Connecticut, which stated that prohibiting the sale of birth control was a violation of the 14th amendment

Roe v wade

Roe V. Wade

  • One of the most controversial decisions ever released by the Supreme Court

  • Struck down a Texas law that made abortion illegal

  • Set up a rule of regulation based in trimesters

  • 1) 1st- State cannot interfere with a woman’s right to an abortion

  • 2)2nd- The State can make reasonable regulations, but cannot prohibit the procedure

  • 3) 3rd- The State can prohibit all abortions, unless it is necessary to preserve the life or health of the mother

Other reproductive cases

Other Reproductive Cases

  • The Court’s decisions on abortion have changed over time

  • The courts have allowed the State to prohibit abortion in several ways

    • Abortions seekers must go to counseling in some states

    • Women under 18 must have parental consent, or permission from a judge

    • Some states require women to notify their spouse

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