CH DUE PROCESS OF LAW ADVANCED AMERICAN GOVERNMENT CHAPTER 20 – CIVIL LIBERTIES: PROTECTING INDIVIDUAL RIGHTS

THE MEANING OF DUE PROCESS Constitution contains two DUE PROCESS clauses 5 th Amendment declares that the Federal Government cannot deprive any person of “life, liberty, or property, without due process of law.” 14 th Amendment places that same restriction on the States, and, very importantly, on their local governments USSC has not given an exact definition of due process intentionally

Generally: In whatever it does, government must act fairly and in accord with established rules PROCEDURAL DUE PROCESS—has to do with the HOW (procedures or methods) of government actions SUBSTANTIVE DUE PROCESS—involves the WHAT (substance or policy) of governmental action

EXAMPLES OF DUE PROCESS Procedural: Rochin v. California (1952) Rochin was a suspected narcotics dealer 3 LA county sheriffs deputies went to his rooming house, forced their way in, and found him sitting on a bed, and spotted 2 capsules on a nightstand The deputies asked Rochin what the capsules were, but he quickly swallowed them Rochin was taken to a hospital where his stomach was pumped.

The capsules were recovered and found to contain morphine. CA prosecuted Rochin for violating narcotics law USSC overturned the conviction (read p. 565) SUBSTANSIVE: Pierce v. Society of Sisters (1925) 1922—OR adopted a compulsory school attendance law for all person 8 to 16 years old Law was created to purposefully destroy private, especially parochial, schools

Roman Catholic group challenged the law USSC ruled the law violated the 14 th Amend. Due Process clause Contents of the law “unreasonably interferes with the liberty of parents to direct the upbringing and education of their children” THE 14 TH AMENDMENT AND BILL OF RIGHTS 1) provision of the Bill of Rights only apply to the National Government

2) 14 th Amendment contains most of the meaning of the Bill of Rights These protections have been extended to States over the course of several cases since 1925 Cases involving 1 st Amend. were covered in Ch. 19 Cases involving 4 th through the 8 th Amend. will be covered in Sections 2-4 of this chapter

THE POLICE POWER Reserved for the states The authority of each State to protect and promote the public health, safety, morals, and general welfare. Courts must decide the balance of the needs of society and a person’s individual freedoms Ex.—Drunk driving cases Every state has a test to determine whether a person was drunk at the time of their arrest Does requiring someone to submit to these tests violate their 14 th Amendment rights?

Does the test constitute unreasonable search and seizure? Does the test amount to testifying against one’s self (self-incrimination)? Many cases have allowed these tests. Schmerber v. California (1966) USSC upheld the police having a doctor draw blood of a suspected drunk driver because a search warrant had been obtained

TO PROMOTE: Health—States can limit the sale of alcoholic beverages, and tobacco; control pollution; and require vaccination of school children Safety—States can regulate the carrying of concealed weapons, require the use of seatbelts, and punish drunk drivers Morals—States can regulate gambling and outlaw the sale of obscene material and the practice of prostitution.

General Welfare—States can enact compulsory school attendance laws, provide help to medically needy, and limit the profits of public utilities

THE RIGHT OF PRIVACY Constitution guarantees “the right to be free, except in very limited circumstances, from unwanted governmental intrusions into one’s privacy” (Stanley v. Georgia, 1969) ROE V. WADE (1973) To what extent can a State limit a woman’s right to an abortion? 1) In the first trimester, a State must recognize a woman’s right to an abortion, and cannot interfere in medical judgments

2) In the second trimester a State, acting on behalf of women who undergo abortions, can make reasonable regulations about how, when, and where abortions are performed, but cannot prohibit the procedure 3) In the final trimester a State, acting to protect the unborn child, can choose to prohibit all abortions except those necessary to protect the health of mother or unborn child Planned Parenthood of Southeastern Pennsylvania v. Casey (1992)

A State may place a reasonable limits on a woman’s right to have an abortion, but these restrictions cannot impose an “undue burden” on her choice of that procedure (read about other cases p. 568) THE END