12.1 Procedural and Substantive Due Process

The 14th Amendment's Due Process Clause protects individuals from arbitrary government actions. It ensures fair procedures when the government deprives people of life, liberty, or property. This concept is crucial for understanding constitutional rights and limitations on government power.

Procedural Due Process focuses on fair procedures, while Substantive Due Process protects fundamental rights. Courts use different tests to evaluate government actions, balancing individual interests against government needs. This framework shapes how we interpret and apply constitutional protections in various situations.

Procedural Due Process

Due Process and Liberty Interests

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• Due Process Clause protects individuals from arbitrary government actions affecting life, liberty, or property
• Procedural Due Process ensures fair procedures when government deprives individuals of protected interests
• Liberty interests encompass freedom from physical restraint and personal autonomy (marriage, child-rearing)
• Courts recognize both explicit constitutional protections and implicit fundamental rights as liberty interests
• Government must provide adequate safeguards before infringing on liberty interests

Property Interests and Procedural Safeguards

• Property interests include tangible assets and certain government benefits or entitlements
• Courts determine if individuals have a legitimate claim to a benefit based on existing laws or regulations
• Notice requirement mandates timely and adequate information about potential deprivation of rights
• Hearing opportunity allows individuals to present evidence and arguments before an impartial decision-maker
• Timing and nature of hearings vary depending on the urgency and importance of the interests at stake

Mathews v. Eldridge Test and Balancing Interests

• Mathews v. Eldridge established a three-part test to determine appropriate procedural protections
• Test evaluates:
  1. Private interest affected by government action
  2. Risk of erroneous deprivation and value of additional safeguards
  3. Government's interest, including administrative burdens of extra procedures
• Courts apply this balancing test to assess the adequacy of procedural protections in various contexts
• Test helps determine when pre-deprivation hearings are necessary vs. post-deprivation remedies
• Application of the test varies based on specific circumstances and interests involved (termination of welfare benefits, suspension of driver's license)

Substantive Due Process

Fundamental Rights and Constitutional Protections

• Substantive Due Process protects certain fundamental rights from government interference
• Courts identify fundamental rights through constitutional interpretation and historical analysis
• Recognized fundamental rights include privacy (contraception, abortion), marriage, and interstate travel
• Substantive Due Process applies to both enumerated rights (First Amendment freedoms) and unenumerated rights
• Courts use different levels of scrutiny to review laws infringing on fundamental rights

Strict Scrutiny and Compelling State Interests

• Strict scrutiny applies when laws infringe on fundamental rights or involve suspect classifications
• Government must prove the law is necessary to achieve a compelling state interest
• Law must be narrowly tailored to achieve the compelling interest with least restrictive means
• Burden of proof rests on the government to justify the infringement
• Examples of compelling interests include national security and public safety (wartime measures)

Rational Basis Review and Non-Fundamental Rights

• Rational basis review applies to laws that do not infringe on fundamental rights or involve suspect classifications
• Government action must be rationally related to a legitimate government interest
• Courts presume the law is constitutional, and challengers bear the burden of proving irrationality
• Rational basis review grants significant deference to legislative and executive decisions
• Examples of legitimate interests include public health, safety, and economic regulation (zoning laws)