Conlaw Rules 7

  1. Procedural due process

    • Is the threatened interest a protected one (life, liberty, property)?
    • If so, what process is due?

    Determining what type of process is due, ask:

    • What is the private interest affected?
    • What is the risk of erroneous deprivation and value of additional or substitute safeguards?
    • What is the burden in providing additional process?
  2. Substantive due process: Strict scruity
    For fundamental rights

    Asks whether it is the least restrictive means to achieve a compelling government interest.

    Law should be neither over-inclusive nor under-inclusive.

    Government must show that the law is necessary
  3. Substantive due process: intermediate scrutiny
    Substantially related to important government interest.

    For equal protection review
  4. Substantive due process: rational basis
    Rationally related to a legitimate state interest

    Challenger must establish that the law is arbitrary or irrational
  5. Fundamental rights
    • Interstate travel
    • Right to vote
    • Right to ballot access
    • Privacy (marriage, contraception, sex, abortion, parental rights, family relations, obscene material, bodily integrity)
Card Set
Conlaw Rules 7
Due Process