BLAW 2301 Lecture Notes - Lecture 18: Commercial Speech, Fifth Amendment To The United States Constitution, Equal Protection Clause
Document Summary
Fifth amendment: due process and the takings clause: no person deprived of life, liberty or property without due process. Procedural due process (civil: government must go into certain procedures to ensure that the result is fair. The takings clause: government takes property for public use, such as build a new highway, it has to pay a fair price. Substantive due process: some rights are so fundamental that the government may not take them from us at all. What sort of hearing the government must offer depends upon how important the property or liberty interest is and on whether the government has competing need for efficiency. Must have a neutral fact finder: attachment of property, government employment, academic suspension. Fourteenth amendment equal protection clause: 14th amendment provides no state shall deny to any person within its jurisdiction the equal protection of the laws . Minimal scrutiny: economic and social relations: almost always upheld, upheld if rationally related to a legitimate goal.
