The Fifth and Fourteenth Amendments: The Requirements of Procedural Due Process

Summary

The video script delves into the concept of due process under the Fifth and Fourteenth Amendments of the U.S. Constitution, which ensures fair legal proceedings before the government can deprive individuals of life, liberty, or property. It discusses the evolution of 'liberty' and 'property' definitions, including personal freedoms and entitlements under the law. The script outlines various procedural rights and the Supreme Court's three-part test for determining due process levels, balancing individual rights with governmental interests in efficiency. Recent litigation on procedural safeguards in immigration and deportation proceedings highlights the ongoing relevance of due process in a democratic society.

Takeaways

• 🏛️ Due process is a fundamental civil right guaranteed by the Fifth and Fourteenth Amendments of the U.S. Constitution, ensuring fair legal proceedings before the government can deprive an individual of life, liberty, or property.
• 📜 Procedural due process has evolved over time, with judicial interpretations expanding the definitions of 'liberty' and 'property' to include a broad range of individual rights and interests.
• 👨‍⚖️ In the 1923 case Meyer v. Nebraska, Justice McReynolds articulated a broad definition of 'liberty' that includes the right to contract, engage in occupations, acquire knowledge, marry, establish a home, raise children, and worship freely.
• 🔗 The concept of 'liberty' has been further expanded by Supreme Court cases to include rights such as preserving one's good name and pursuing a chosen occupation.
• 🏠 'Property' in the context of due process has been defined to include not only personal belongings and real estate but also entitlements to benefits under federal or state law, like the right to a free public education.
• 📊 The Supreme Court uses a three-part test, established in Mathews v. Eldridge, to determine the appropriate level of due process for a deprivation, considering the private interests affected, the risk of erroneous deprivation, and the government's interests in efficiency.
• ⚖️ The level of due process required varies depending on the type of right being deprived, with more stringent requirements for more significant interests, such as real property ownership.
• 👥 Procedural rights for effective due process may include an unbiased tribunal, notice of proposed actions, opportunity to present evidence, and the right to be represented by counsel, among others.
• 💼 The government's interest in administrative and fiscal efficiency can sometimes outweigh an individual's property or liberty interests, as seen in the balancing test used in due process cases.
• 🌐 Recent litigation in immigration and deportation proceedings has highlighted the tension between the government's fiscal and administrative burdens and the individual's right to procedural due process, with the government arguing for efficiency over extensive pre-deportation hearings.

Q & A

What does the right to due process under the Fifth and Fourteenth Amendments entail?

The right to due process under the Fifth and Fourteenth Amendments ensures that the government must provide a fair legal proceeding before depriving an individual of life, liberty, or property.

How have the definitions of 'liberty' and 'property' evolved since the adoption of the due process clauses?

The definitions of 'liberty' and 'property' have evolved over time, with 'liberty' now encompassing not just freedom from physical restraint but also rights to contract, engage in occupations, acquire knowledge, marry, establish a home, raise children, and worship, as defined by Justice James Clark McReynolds in Meyer v. Nebraska. 'Property' has been expanded to include not only personal and real property but also entitlements to benefits under federal or state law.

What is the significance of the 1923 case Meyer v. Nebraska in defining 'liberty'?

In Meyer v. Nebraska, Justice McReynolds introduced a broad definition of 'liberty' that included the right to engage in common occupations, acquire useful knowledge, marry, establish a home, raise children, and worship according to one's conscience, which is widely accepted today.

Can you provide an example of a liberty interest as defined by the Supreme Court cases?

Examples of liberty interests include the right to preserve one's good name and the right to pursue a chosen occupation, as well as the significant freedom of action or freedoms provided by statutes or the constitution.

What are the procedural requirements for effective due process when a right is being deprived?

Procedural requirements for effective due process vary based on the right being deprived and may include an unbiased tribunal, notice of proposed actions, opportunity to present reasons against the proposed actions, the right to present evidence, the right to know opposing evidence, the right to cross-examine adverse witnesses, the opportunity to be represented by counsel, and the requirement for the tribunal to prepare a record of the evidence presented.

How does the Supreme Court determine the appropriate level of due process for a deprivation?

The Supreme Court uses a three-part test established in Mathews v. Eldridge to determine the appropriate level of due process for a deprivation, which includes analyzing the private interests affected, the risk of erroneous deprivation and the value of additional procedural safeguards, and the government's interests in administrative and fiscal efficiency.

What factors does the first part of the Mathews v. Eldridge test consider?

The first part of the Mathews v. Eldridge test considers the value of the private interests affected by the official action, with greater value of the deprivation requiring greater due process protections.

What does the second part of the Mathews v. Eldridge test evaluate?

The second part of the Mathews v. Eldridge test evaluates the risk of an erroneous deprivation of the private interest through the procedures used and the probability of such an error occurring.

How does the government's interest in efficiency influence the level of due process required?

The government's interest in administrative and fiscal efficiency can influence the level of due process required, as additional procedural safeguards that require more time and money are less likely to be mandated, especially if the government can demonstrate that the benefits of such safeguards do not outweigh the costs.

What recent litigation has highlighted the balance between the government's efficiency and individual's due process rights?

Recent litigation in the fields of immigration and deportation proceedings has highlighted the balance between the government's efficiency and individual's due process rights, with the government arguing that formal adjudication hearings for all immigration matters would be too burdensome and costly.

How does the concept of procedural due process safeguard an individual's interests?

Procedural due process safeguards an individual's interests by ensuring that there are appropriate procedures in place to prevent the deprivation of life, liberty, or property without fair treatment and consideration of the individual's rights and protections.