Name_____________________________
Period______
Date__________
Mr. Mitchell
Due Process Law
(Chapter 20, Section 1)
I.
II.
III.
Meaning of Due Process:
A. Due process requires the government must act fairly and in accord with
established rules. The government may not act unfairly, arbitrarily,
capriciously, or unreasonably.
B. The meaning of due process is defined by the rulings of past court cases.
C. Two due process clauses in the Constitution:
1.
5th Amendment: Federal government cannot deprive a citizen of due
process.
2. 14th Amendment: State and local governments cannot deprive citizens of
due process, either.
D. Procedural Due Process: government cannot act unfairly with how they carry
out laws. (Ex: Rochin v. California)
E. Substantive Due Process: government may not create laws that unfairly deny
due process. (Ex: Pierce. V. Society of Sisters)
Uses of the Police Power:
A. Police power is the authority of each State to safeguard the well-being of its
people.
1.
Health: laws to combat pollution, regulation of liquor and tobacco,
mandatory vaccinations.
2. Safety: seat-belt laws, drunk driving laws, laws against concealed
weapons.
3. Morals: laws against gambling, prostitution, obscenity.
4. General Welfare: compulsory education laws, regulation of public
utilities, assist medically needy.
B. Police power and their need to protect the needs of society sometimes
conflicts with an individual’s freedoms.
Right to Privacy:
A. Right to privacy is the right to be free from unwanted governmental
intrusions into one’s privacy.
B. First specifically mentioned with ruling of Griswold v. Connecticut.
C. Often debated when determining reproductive rights of women.