Due Process and Equal Protection

Due Process and Equal Protection

5^th and 14^th amendments provide “no person shall be deprived of life, liberty or property without due process of law.”

Procedural and Substantive issues.

Procedural Due Process

Procedures depriving an individual of her rights must be fair and equitable.

Constitution requires adequate notice and a fair and impartial hearing before a disinterested magistrate.

Substantive Due Process

Focuses on the content or substance of legislation.

Laws limiting fundamental rights (speech, privacy, religion) must have a “compelling state interest.”

Laws limiting non-fundamental rights require only a “rational basis.”

Equal Protection

Strict Scrutiny.

Laws that affect the fundamental rights of similarly situated individuals in a different manner are subject to the “strict scrutiny” test. Any “suspect class” (race, national origin) must serve a “compelling state interest” which includes remedying past discrimination.

Intermediate Scrutiny.

Applied to laws involving gender or legitimacy.

To be constitutional laws must be substantially related to important government objectives.

EXAMPLE: Illegitimate teenage pregnancy).

Rational Basis Test.

Applied to matters of economic or social welfare.

Laws will be constitutional if there is a rational basis relating to legitimate government interest.

Privacy Rights
Fundamental right not expressly found in the constitution, but derived from 1^st, 5^th and 14^th amendments.

Laws and policies affecting privacy are subject to the compelling interest test.