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Civil Liberties 5
| Question | Answer |
|---|---|
| 1. How do two due process clauses in the amendments differ? | The 5th declares the Nat. Gov. cannot deprive any person of "life, liberty, or property, without due process of law", the 14th restricts the States and their local gov. |
| 2. In what amendment are states required to provide due process? | 14th |
| 3. What may not be taken away without "due process"? | life, liberty, or property |
| 4. What is true about defining "due process"? | The SC has refused to define it, and have relied on finding the meaning case-by-case. |
| 5. Fundamentally, what does the guarantee of due process mean? | In whatever it does, government must act fairly and in accord with established rules. It may not act unfairly, arbitrarily, capriciously, or unreasonably. |
| 6a. Explain procedural due process (what must be fair) - be complete | The procedures and methods (how) used by gov. must be fair. |
| 6b. Provide an example of when an individual may claim procedural due process has been violated - reading has one or think of your own | Rochin v. California 3 LAPD broke into the privacy of the petitioner, and forcibly opened his mouth, removed what was in it, and extracted his stomach contents. This was not the methods they were supposed to use. |
| 7a. Explain substantive due process (what must be fair) | The substance and policies (what) used by gov. must be fair. |
| 7b. Example of substantive due process | Pierce v. Society of Sisters, Oregon voters adopted a new compulsory school-attendance law that required all persons between 8-16 to attend public schools. It was purposely created to destroy private, parochial, schools in the state. |
| 7c. The SC did not find that the Oregon law was enforced unfairly, but rather... | The law itself, in its contents, "unreasonably interferes with the liberty of parents to direct the upbringing and education of children under their control". |
| 8. What are the two critical clauses of the 14th Amendment? | The equal protection clause - states may not deny its citizens' equal protection under the law, and the due process clause - states may not deprive people of life, liberty or property without due process. |
| 9. What LEVEL of government does the 14th Amendment protect citizens from? | States Governments |
Created by:
Matti
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