PROCEDURAL DUE PROCESS• Requires that procedures used by gov’t in

making, applying, interpreting, and enforcing the law be reasonable and consistent.

• Goal is fairness.

• Usually involves some form of hearing or opportunity to present your side before you are deprived of above rights.

I don’t care Spirit Week. I just want my

due process rights protected!

SUBSTANTIVE DUE PROCESS

• Requires that the gov’t cannot make laws that apply to situations in which the gov’t has no business interfering.

• Court may say: “Procedures don’t matter. What the government is doing should not be allowed

EXAMPLE OF SUBSTANTIVE D.P.

• Substantive due process rights of an involuntarily committed retarded person.

• Court said that such persons have a due process liberty interest requiring the state to provide minimally adequate training to ensure safety and freedom from undue bodily restraints.

Cruzan case, p. 484. Goss v. Lopez, p. 486.

SUBSTANTIVE DUE PROCESS

• Government cannot make laws or take actions that interfere with certain areas of your life, such as personal privacy. No right to interfere with what you believe, what friends you choose, where you want to travel, etc.

Read Deportation of Permanent Residents case, Problem 41.2, p. 486

I think I will talk about due process on the show

tonight.

This class is so exciting! I will miss

it next semester.