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5th amendment
No person shall be deprived of life, liberty, or property, without due process of law
14th amendment
No state shall any state deprive any person of life, liberty, or property, without due process of law
Procedural Due Process
Right to notice and a hearing before deprivation of Life or Liberty or Property
Procedural DP: Life or Liberty
Prison/Mental Institution
Procedural DP: Property
License, Tangible/Real Property
Gov't may not take property unless
it is for a public purpose and just compensation is paid
If no physical occupation,
balance diminution in
value vs. public benefit
Substantive Due Process
Fundamental interests - Strict Scrutiny Test
Substantive DP: Non-Fundamental Interests
Rational Basis Test