Due Process & Equal Protection

what questions the court must ask to determine if there was a violation of the Due Process Clause

- is there governmental or state action - does the government's action deprive an individual of life, liberty or property - how much due process was due

Is participation in interscholastic sports a liberty interest or constitutionally protected right?

No

What does the Due Process Clause found in the Fifth Amendment state?

No person shall be deprived of life, liberty, or property without due process of law

What are the two types of due process protected by the courts?

Procedural Due Process Substantive Due Process

True/false: Courts have determined that the Equal Protection Clause only protects individuals from intentional or purposeful discrimination

True

Due process

a course of legal proceedings which have been established in our system of jurisdiction for the protection and enforcement of private rights

stigma plus test

a more tangible interest that proves liberty interests were violated

strict scrutiny

applies to deprivations of fundamental rights and to classifications which are suspect, like race, alienage and national origin

intermediate scrutiny

applies to gender classifications

What are the standards of review the courts use for classifying people under the Equal Protection Clause?

mere rationality intermediate scrutiny strict scrutiny

What does the Equal Protection Clause of the Fourteenth Amendment decree?

no state shall deny to any person with its jurisdiction the equal protection of the law

Substantive Due Process

provides individuals with a level of protection against state interference with certain fundamental rights and liberty interests not specifically protected under the constitution, and ensures that these rights cannot be taken without appropriate governmental justification, regardless of the procedures used to do the taking

Procedural Due Process

requires that before a governmental entity deprives an individual of his or her life, liberty or property, he/she be provided with the proper procedural due process or procedural fairness

What is the Due Process Clause in the Fourteenth Amendment referring to?

the procedures required before any person is deprived of life, liberty or property

When do the courts get involved in state athletic associations decision making?

when the rules were applied arbitrary and capricious