uiii q2
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We thePeopleTRANSCRIPT
UIII Q25th amendment:1. Gives individual right to fair process (procedural due process)2. Gives right to enjoy certain fundamental liberties w/out governmental interference (substantive)a. Due process clause: govt must follow process (fair and standard procedure) before taking any citizens life liberty or propteryRoots of the 5th: magna carta mostly procedural Goldberg v Kelly (substantive)--Determended that property also included any legal relationship w/ state that in some way is treated as a citizens entitlement; citizen was to keep them until there was a reason to take them away Helped articulate the idea of substantive due processMeyer v Nebraska-denotes that not merely fundamental liberties from bodily restraint but also the right of the individual to engage in any of the common occupations of life to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to the dictates of his own conscience and generally to enjoy those privileges long recognized by common law as essential to the pursuit o happiness by free men.When is process due? when rights (not privileges) are involvedprotection against arbitrary state legislation affecting life liberty and property and actions that interfere w/ fundamental liberties as offered by the 5th amendment