Lesson 6: Due Process

Question 1

Substantive Due Process

Answer 1

The Fifth and Fourteenth Amendments to the Constitution provide that no citizen shall be deprived of life, liberty, or property, without due process of law.

Question 2

Fundamental Personal Rights–Standard of Scrutiny

Answer 2

A governmental regulation which infringes upon a fundamental right will be found invalid unless it is found to be the least restrictive means to implement a compelling governmental interest.

Question 3

Procedural Due Process

Answer 3

The Due Process Clauses of the Fifth and Fourteenth Amendments offer protection for a range of liberty and property interests from being impaired without some form of notice and hearing before an unbiased decision-maker.