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APPROACHING CON LAW II FIRST y Let s determine what we are dealing with Course about Protecting Liberties o (Civil

Rights Provisions covered in Con Law II)  14th Amendment  5th Amendment  2nd Amendment  1st Amendment  & Article IV Privileges or Immunities **FOR EXAM DON T 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 of 14th 1. Differs from P&I in Article 5, 2. Applies to Settlers of a state NOT a visitor.

Due Process (2 Kinds) 1. Procedural 2. Substantive Procedural Is there Deprivation of a procedurally protected interest? Ex. 1. Liberty a. Protected Liberty Interest of Prisoners i. Severe Hardship (Washington v. Harper) so severe that its protected by the constitution despite what the prison regulations say {ALWAYS PROTECTED} 2. Property a. State gives you license and revokes but doesn t 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 additional procedure.

Substantive If we aren t 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 contract II. 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

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