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					Life, liberty, property, and due
          process of law
          April 16, 2012
  Objective: They may take our lives,
     but they will never take our
              freedom!!
   I. Property rights v. public welfare
• Property rights, closely tied to liberty and freedom
• State MAY impose limits on property rights:
   – 3 examples…NOW!
   – States may exercise police powers to protect public welfare
     (meat inspection, worker safety laws, child labor
     laws…EXAMPLE FROM YOUR WORK?)
   – States may exercise right of eminent domain (5th
     amendment)
      • DEFINITION OF EMINENT DOMAIN?
   – Kelo v. New London, 2005: In certain cases a city may use
     EMINENT DOMAIN to condemn privately owned property
     as part of a private development
   II. Due process of law (5th-federal) (14th-state),
prohibits govt. from denying life, liberty, property w/o
               due process- TWO TYPES
  • 1. Procedural: govt. denies life, liberty, property it
    must use fair procedures…(Eminent Domain)
     – Govt. must observe Bill of Rights
     – Provide reasonable notice
     – Provide chance to be heard in court
  • Examples of violations of procedural due process
     – Illegal searches (4th)
     – Unfair court procedures (6th counsel, jury in criminal)
         II. Due process-two types
• 2. Substantive: not only fair procedures, LAWS that
  enable govt. to deny life, liberty, property must be
  fair
• Examples of violations of substantive due process:
   – Ban on all abortions within a state (Roe) (9th, 14th)
   – County ordinance banning all firearms (2nd)
               II. 2 types of Due process
• Procedural vs. substantive = law prohibits possession of
  narcotics (sub.) and police must generally obtain search
  warrant before search in one’s home for narcotics (proc.)
• Classify the following as procedural or substantive:
    –   Police strip searches
    –   Compulsory vaccination laws
    –   Minimum wage law
    –   Firing a city employee w/o giving a hearing
• Substantive due process rights that you have when you wake up in the morning as
  an American citizen - freedom of speech, religion, expression, etc. Also,
  amendments 2 and 3.
•
• Procedural due process rights that you have when you have entered the legal
  system - freedom from unreasonable search, right to an attorney, jury trial,
  freedom from cruel and unusual punishment etc.

				
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posted:9/13/2012
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