3.9 vid 1

Introduction to Due Process

• Topic Focus: Exploring the extent to which states are limited by the due process clause in infringing upon individual liberties.

• Key Components:

  • Fourteenth Amendment

  • Substantive Due Process

  • Procedural Due Process

• Connections to Previous Knowledge:

  • Content from 2.1: Court operations

  • Content from 3.1: Bill of Rights overview

  • Content from 3.7: Selective incorporation of rights

  • Previous topic: Rights of the accused and due process

Key Concepts of Due Process

• Due Process Command: The only command mentioned twice in the Constitution.

  • Fifth Amendment: Protects against deprivation of life, liberty, or property without due process of law, initially interpreted to apply to the federal government.

  • Fourteenth Amendment: Extends due process protections specifically to state governments, stating that no state shall make or enforce any law that deprives any person of life, liberty, or property without due process.

The Meaning of Due Process

• Definitions of Due Process:

  • Procedural Due Process: Ensures that fair steps are taken during legal proceedings.

    • Right to a fair trial, including:

      • Grand jury indictment

      • Protection against double jeopardy

      • Protection against self-incrimination

• Substantive Due Process: Focuses on the content and substance of laws.

  • Laws must not infringe upon essential individual rights without a compelling governmental interest and narrowly tailored means.

Historical Examples of Substantive Due Process

• Case Study: Griswold v. Connecticut (1965):

  • Context: Connecticut law prohibited birth control counseling and prescriptions.

  • Supreme Court Decision: Ruled the law violated substantive due process by infringing on the fundamental right to privacy concerning contraception.

  • Significance: Established precedent for privacy rights derived from several amendments in the Constitution.

Conclusion

• Future Topics: Further exploration of due process as we continue to discuss the implications and applications of these constitutional protections.