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APPROACHING CON LAW II

FIRST

y Lets determine what we are dealing with Course about Protecting Libertieso (Civil Rights Provisions covered in Con Law II)

14th Amendment 5th Amendment 2nd Amendment 1stAmendment & Article IV Privileges or Immunities

**FOR EXAM DONT NEED TO KNOW CASE NAMES BUT GOOD TO KNOW FACTS**

The Doctrine of Incorporation Basically made Amendments 1-8 apply to states

Privileges or Immunities of14th

1. Differs from P&I in Article 5,2. Applies to Settlers of a state NOT a visitor.

Due Process (2 Kinds)

1. Procedural2. Substantive

Procedural Is there Deprivation of a procedurally protected interest?

Ex.

1. Libertya. Protected Liberty Interest of Prisoners

i. Severe Hardship (Washington v. Harper) so severe that its protected bythe constitution despite what the prison regulations say {ALWAYSPROTECTED}

2. Property a. State gives you license and revokes but doesnt entitle you to a hearing. You have

a property interest in that license.b. Cleaveland v. Loudermill

3 Factors - Mathews v. Elridge (Whether Interest is Protected)

I. 1st- Importance of the interest person has been deprived of.II. 2nd Factor - Risk of wrongful deprivation given the procedure used and whether the

additional procedure will reduce that risk.

III. 3rd Factor States interest in acting against the person and the cost to the state in additionaprocedure.

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Substantive If we arent saying that procedure for an action is a violation or inadequate, we can say that

the law its self is unconstitutional.

LOCHNER v.

What was the liberty protected in Lochner ?

I. Freedom to contractII. Freedom to carryout ones business the way one choses.GRISWOLD v. CONNECTICUT

I. Ct. found statute violated protected liberties of Planned Parenthood.a. Statute interfered with privacy in the marriage relationship.

First Step, Point out to constitutional provision

Second Step