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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

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
definition
Definition
  • 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