Study Notes on Due Process and Related Cases

Due Process Clauses Overview

  • The U.S. Constitution includes two significant due process clauses:

    • Fifth Amendment: Protects against deprivation of life, liberty, or property without due process by the federal government.

    • Fourteenth Amendment: Protects against deprivation of life, liberty, or property without due process by state governments.

Key Differences between Fifth and Fourteenth Amendments

  • The Fifth Amendment applies to the federal government.

  • The Fourteenth Amendment applies to state governments.

  • Both protect similar rights but refer to different levels of government.

  • Supreme Court treated interpretations of both due process clauses similarly.

Applications of Due Process

  • The clauses serve to protect two primary types of rights:

    • Procedural Due Process:

    • Definition: Rights ensuring fair processes before government deprivation of life, liberty, or property.

    • Examples of required processes:

      • Right to trial by jury.

      • Formal accusation before trial.

      • Presentation and cross-examination of evidence.

    • Ensures governmental adherence to legal procedures before taking action against individuals.

    • Substantive Due Process:

    • Definition: Protects certain fundamental rights from being infringed upon, irrespective of the legal processes followed.

    • Government cannot take away these rights without violating due process, regardless of procedures.

    • Criticism:

      • Some argue these rights are not explicitly mentioned in the due process clauses.

      • Others suggest it gives judges undue power to create rights not found in constitutional texts.

Historical Cases and Examples

  • Dred Scott v. Sandford:

    • Context: Relates to the Missouri Compromise and slavery in U.S. territories.

    • The Supreme Court ruled that the Missouri Compromise was unconstitutional, asserting that it violated property rights under the Fifth Amendment.

    • Highlights the Supreme Court's use of substantive due process to protect certain rights (like property ownership of slaves) deemed fundamental.

  • Lochner v. New York:

    • Issue: Challenged New York's regulation of bakers' working hours.

    • Supreme Court ruled that the law was unconstitutional because it violated the "liberty to contract."

    • Established a period known as the "Lochner Era," in which many laws regulating labor and economic relationships were struck down based on substantive due process.

20th Century Shifts and Further Cases

  • Gradual shifts in the focus on substantive due process leading into modern interpretations:

    • The Supreme Court started to lean towards a broader interpretation of due process laws by the late 1930s.

    • Some substantive due process protections retained, particularly concerning rights deemed fundamental.

  • Right to Privacy (established in Griswold v. Connecticut):

    • Context: Connecticut law banning contraceptives challenged.

    • Supreme Court stated that its ruling was more about the right to privacy, asserting its existence from the penumbras of other amendments.

    • Justice Douglas suggested that rights combine to create a shadow (penumbra) that includes personal decisions surrounding privacy.

  • Roe v. Wade:

    • Affirmed the right to abortion under the right to privacy; laid out the trimester framework for state laws regarding abortions.

    • Subsequent rulings like Planned Parenthood v. Casey revised Roe's standards, replacing the trimester framework with fetal viability and the undue burden standard.

  • Dobbs v. Jackson Women's Health Organization:

    • Overturned Roe and Casey, asserting that abortion laws could be determined by the states without the constitutional protections established in previous cases.

    • Emphasized a return to the original interpretation of the Constitution without the commonly applied substantive due process over the last few decades.

Conclusion

  • The due process clauses in the Fifth and Fourteenth Amendments are fundamental to understanding individual rights against governmental actions in the U.S. legal system.

  • The distinction between procedural and substantive due process continues to evolve and impacts various issues including privacy and reproductive rights.