Section 1 Due Process of Law

2 due process guarantees: Procedural & Substantive Due Process Definitions are vague.

Procedural & Substantive Due Process Procedural-the “how” (procedures/ methods) of government Substantive- the “what” (policies/ laws) of government action

Rochin v. California, 1952  Rochin- suspected drugs dealer  Deputy sheriffs forced their way into his home and noticed 2 capsules on a nightstand  Rochin popped the capsules  Sheriffs had his stomach pumped at the hospital

 Rochin was convicted of violating state narcotics laws  Supreme Court- violation of 14 th Amendments guarantee of procedural due process  How?  “This is conduct that shocks the conscience. Illegally breading into the privacy of the petitioner, the struggle to open his mouth and remove what was there, the forcible extraction of his stomach’s contents-this course of proceeding by agents of government to obtain evidence is bound to offend even hardened sensibilities. They are methods too close to the rack and the screw….”

Pierce v. Society of Sisters, 1925  Compulsory school attendance law required all persons between the ages of 8 and 16 to attend public schools.  The law was purposely drawn to destroy private/parochial schools

 Roman Catholic religious order challenged the law’s constitutionality  Supreme Court- violates 14 th Amendments Due Process Clause- substantive due process  How?  The state did not enforce the law unfairly. The law itself was unconstitutional

Police Power A problem of balance To balance the needs of society for law, order, & protection w/ the rights of individuals to due process!

Schmerber v. California 1966 Schmerber was forced to take a blood test to determine if he was DWI The blood test was given by a doctor on police orders but without a search warrant Legal or Illegal? Legal – the officer had reasonable suspicion, a doctor performed the test, and had time been taken to obtain a search warrant the alcohol would have left Schmerber’s system!

Right to Privacy Can a state outlaw birth-control counseling & the sale of birth-control devices? NO!

Right to Privacy & Due Process Due process creates a right to privacy! “The right to be free, from unwanted governmental intrusions into one’s privacy.”

Roe v. Wade 1973 Can a State limit a women’s right to an abortion? Roe case the Court held the 14 th Amendments “due process” & “right to privacy” applied to abortion rights!

Roe v. Wade 1973 continued: 1. During the first trimester (first 3 months) of pregnancy a State must recognize a woman’s right to choose an abortion

Roe v. Wade 1973 continued: 2 nd trimester- state can regulate abortions. 3 rd trimester- state (acting on behalf of child) can prohibit abortions.

Further Interpretations on Roe –Doctors and clinics must keep detailed records of all abortions they perform. A state may not require a women to tell her husband of her plans to have an abortion.