BUSAD 120 Lecture Notes - Lecture 12: Fourteenth Amendment To The United States Constitution, Rational Basis Review, Incorporation Of The Bill Of Rights
Document Summary
Must not create an undue hardship on the business. Standard to obtain an administrative warrant is much lower than probable cause (criminal standard) Sometimes no warrant is required if its a highly regulated industry. Employees of a business are still individuals and fall under the 4th amendment still. Exclusionary rules still applies but is not as protected as individual. Due process by the states is guaranteed through the 14th amendment by the 5th. Federal governments have determined it on a sliding scale depending on the magnitude of interests at stake. Substantive due process - meat of the law of governmental actions. If the government can show rational relation for legislation to a legit interest then the legislation provides substantive due process. Easily satisfied in area of wages, unfair competition, etc. Procedural due process - procedures to carry out substantive law and deprive life, liberty, and property. Capital punishment requires highest amount of due process.
