What is due process of law? “due process”  the government must respect all of the Due process of law  treatment by state and federal governments in matters

What is due process of law? John Locke argued: purpose of gov’t. is to protect life, liberty and property 14 th Amendment: requires states

What is procedural due process? Procedural due process  government officials must follow recognized procedures and Due process guarantees apply to both Due process guarantees: –Opportunity for a fair hearing –Opportunity to

Why are procedural rights important in an adversary legal system? Adversary system of justice  court trials are contests between the You are innocent until proven

Why are procedural rights important in an adversary legal system? Defendants DO NOT have to Lawyers play a central role in our system as they represent clients The Constitution and the Bill of Rights place great

What is Substantive Due Process? Substantive due process  The Constitution prohibits some kinds of laws altogether, Fundamental rights  traces back to natural rights; they are so basic that the One of the most difficult roles the Supreme Court plays is to identify which rights are fundamental and which are not

 Congress or states must have a compelling interest in order to  The following are fundamental rights (the right to):  Marry and have kids  Purchase and use birth control What is Substantive Due Process?

 The following are fundamental rights (the right to):  Mentally competent adults to refuse medical treatment  Free speech  Interstate travel What is Substantive Due Process?