due process and equal protection

Due Process and Equal Protection

Overview

  • Due process and equal protection are fundamental rights established in the Constitution.

  • Due process: Protects a person's life, liberty, and property. Traced back to the Magna Carta of 1215.

  • Equal protection: Guarantees equality before the law, highlighted in Abraham Lincoln's Gettysburg Address.

  • Both rights apply to individuals and legal entities such as corporations.

Due Process

  • Enshrined in the Fifth and Fourteenth Amendments.

  • Prohibits deprivation of life, liberty, or property without due process.

  • Minimum requirements for due process:

    1. Laws must not be vague, overly broad, or arbitrary.

    2. The government must provide reasonable notice, offer a neutral hearing, and allow a meaningful opportunity to present evidence before any adverse official action.

  • Procedural Due Process:

    • Requires fair procedures in government decision-making affecting life, liberty, or property.

    • Includes giving notice, a fair hearing, and opportunity to be heard.

  • Substantive Due Process:

    • Limits government interference with individual liberty.

    • Laws must be clear and understandable; vague or overly broad laws are unconstitutional.

  • Example: The Social Network illustrates due process principles through Harvard's conduct committee providing notification and opportunity for defense.

Equal Protection

  • Found in the Equal Protection Clause of the Fourteenth Amendment.

  • Prohibits states from denying citizens equal protection of the laws; applies to the federal government as well.

  • Fundamental requirement: Treat people who are similar equally.

  • Government can create categories and treat them differently, but must treat individuals within categories equally.

    • Example: In-state vs. out-of-state tuition at state universities is permissible, but varying rates based on race or religion is not.

Legal Strategy: Brown v. Board of Education

  • NAACP's strategy to combat racial segregation followed Plessy v. Ferguson's separate but equal doctrine.

  • Lawyers sought equal facilities for segregated schools, leading to victories against state laws requiring segregation.

  • Brown v. Board of Education (1954):

    • Landmark decision that declared segregation in public education unconstitutional, reinforcing the Equal Protection Clause.

Standards of Review

Levels of Judicial Review

  1. Rational Basis Test:

    • Government must show:

      1. Action advances a legitimate government objective (health, safety, welfare).

      2. Action is related to the objective.

    • Applies to most economic regulations and tax-related laws.

  2. Intermediate Scrutiny:

    • Government must prove:

      1. Action furthers an important government objective.

      2. Action is substantially related to the objective.

    • Applies to cases like gender discrimination.

  3. Strict Scrutiny:

    • Government must prove:

      1. Objective is compelling.

      2. Means are narrowly tailored to achieve the end.

      3. No less restrictive alternatives exist.

    • Applies to fundamental rights, suspect classifications (race, national origin, religion).

  • Substantive Due Process: Distinguishes between ordinary laws and those burdening fundamental rights.

    • Government must have a compelling interest for laws restricting fundamental rights.

    • Laws must be clearly published and not arbitrary.

Key Takeaway Concepts

  • Two types of due process:

    • Procedural: Fair procedures for government actions.

    • Substantive: Laws must not be vague or arbitrary.

  • Equal protection requires treating similarly situated individuals equally.

  • Courts utilize three levels of review for due process/equal protection claims: rational basis, intermediate scrutiny, and strict scrutiny.