1

DUE PROCESS

Neither the US nor state governments shall deprive any person of life, liberty, or
property without due process of law.

**If there is not a denial of life, liberty, or property, then the government does
not have to provide PDP or SDP!

I. PROCEDURAL DUE PROCESS:
a. Evaluate Conduct: Has there been a deprivation?
i. Remember it must be the government depriving in order to be
a violation!
ii. What acts constitute a deprivation? Which ones do not?
b. Of life, liberty, or property: [Define each and give examples]
i. Property Interests:
ii. Liberty Interests:
c. Without DP of law? What procedures are required?
i. What procedures are required depends on case. [Give
examples!!]
ii. Matthews Test:
iii. Questions for court to consider:
II. SUBSTANTIVE DUE PROCESS:
a. Define the Right: What kind of right is being deprived?--Ordinary
Liberty Interests vs. Fundamental Liberty Interests
1. Basic Right/Liberty Interest: RB
a. Examples
2. Fundamental Right: SS [Define]
a. Examples recognized by the Court:
b. If not, use HISTORY AND TRADITIONS test:

Notes:
- These steps are to guide you in organizing your DP analysis; this is just a
starting point. Make sure to define terms, state classic issues involved with
each, give factors/elements wherever applicable, and ALWAYS use cases and
examples from class!
- Use the Chemerinsky supplement for more details/explanation.