Due process is a fundamental constitutional protection against government overreach. It encompasses both substantive rights and procedural safeguards, ensuring fair treatment and protecting essential liberties from unjustified infringement.
The evolution of due process jurisprudence has shaped key rights like privacy and marriage equality. Courts use varying levels of scrutiny to balance individual freedoms with government interests, adapting to changing societal norms and technological advancements.
Understanding Due Process
Substantive vs procedural due process
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Top images from around the web for Substantive vs procedural due process
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protects fundamental rights against unjustified government infringement evaluates content of laws and regulations requires sufficient justification for government action
ensures fair procedures when government deprives life, liberty, or property focuses on enforcement process requires and opportunity to be heard
Fundamental rights in due process
Fundamental rights essential to individual liberty not explicitly enumerated in Constitution receive heightened protection (privacy, marriage, procreation, interstate travel)
Levels of scrutiny applied: for most fundamental rights, for certain rights, rational basis review for non-fundamental rights
Evolution of due process jurisprudence
(1905) established economic substantive due process struck down labor regulations
(1937) ended Lochner era shifted away from economic substantive due process
(1965) established using penumbras and emanations theory
(1973) recognized as part of privacy right
(1992) introduced undue burden test for abortion regulations
(2015) recognized right to same-sex marriage
Requirements of procedural due process
Notice provides timely and adequate information about proceedings explains charges or issues at stake
Opportunity to be heard allows presentation of evidence and arguments includes right to confront adverse witnesses in some contexts
Impartial decision-maker ensures unbiased judge or officer
(1976) balancing test considers:
Private interest affected
Risk of erroneous deprivation and value of additional safeguards
Government's interest and administrative burden
Applied in various contexts (criminal proceedings, civil litigation, administrative hearings, public employment termination, student disciplinary proceedings)
Balance of rights in due process
Competing interests include individual liberty and autonomy, public safety and welfare, efficient government operations
Balancing factors consider nature and importance of right at stake, extent of government intrusion, governmental interest pursued
Judicial approaches use levels of scrutiny (strict, intermediate, rational basis) and balancing tests (Mathews v. Eldridge)
Challenges in striking balance include evolving societal norms, technological advancements, national security concerns
Impact of balance affects criminal justice system, privacy rights, economic regulations, civil rights and anti-discrimination measures