PROCEDURAL DUE PROCESS Requires that procedures used by govt 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 dont care Spirit Week. I just want my due process rights protected!
SUBSTANTIVE DUE PROCESS Requires that the govt cannot make laws that apply to situations in which the govt has no business interfering. Court may say: Procedures dont 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.