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Due Process of Law Chapter 20, Section 1

Due Process of Law Chapter 20, Section 1. Fifth Amendment The Federal Government cannot deprive any person of life, liberty, or property without the due process of law Fourteenth Amendment

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Due Process of Law Chapter 20, Section 1

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  1. Due Process of Law Chapter 20, Section 1

  2. Fifth Amendment • The Federal Government cannot deprive any person of life, liberty, or property without the due process of law Fourteenth Amendment • The States cannot deprive any person (or local government) of life, liberty, or property without the due process of law Due process: In whatever it does, the government must act fairly and in accord with established rules. It may NOT act unfairly, arbitrarily, or unreasonably. Due process was first developed as a requirement that government act fairly and use fair procedures to enforce laws.

  3. Procedural Due Process: involves HOW the government deals with the law (the methods and procedures) Substantive Due Process: deals with the WHAT (substance and policies) of government action

  4. The Police Power Police Power: the authority of each state to act to protect and promote the public health, safety, morals, and general welfare. It is the power of each state to safeguard the well-being of its people. The use of Police Power often conflicts with civil liberty protections (i.e., Using some form of a test to determine whether a person charged with drunk driving was in fact drunk at the time) Does the requirement that a person to such a test (i.e., walk in a straight line, breathalyzer, blood test, etc) violate a person’s rights under the Fourteenth Amendment? Why or why not? Pair share.

  5. Protecting the Public Legislators and judges often find the public’s health, safety, morals, and welfare to be a priority. • To promote health, states can limit the sale of alcoholic beverages and tobacco, make laws to combat pollution, and require the vaccination of school children • To promote safety, states can regulate the carrying of concealed weapons, require the use of seat belts, and punish drunk drivers • To promote morals, states can regulate gambling and outlaw the sale of obscene materials and the practice of prostitution • To promote the general welfare, states can enact compulsory (mandatory) education laws, provide help to the medically needy, and limit the use of public utilities

  6. The Right of Privacy The constitutional guarantees of due process create a right of privacy, but the Constitution makes no specific mention of the right to privacy Right to privacy declared by the Supreme Court in Griswold v. Connecticut (Connecticut outlawed birth-control counseling and prohibited the use of all birth control devices, but the Court held the law to be a violation of the Fourteenth Amendment). Other Key Supreme Court Case: Roe v. Wade, 1973

  7. Should the Supreme Court, with only a slight majority (5-4), be able to make important decisions that affect our lives? Why or Why not?

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