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.

Outlines

00:00

🏛️ Due Process and Its Evolution

This paragraph discusses the right to due process under the Fifth and Fourteenth Amendments of the United States Constitution. It highlights that the government must provide a fair legal proceeding before depriving an individual of life, liberty, or property. The concept of procedural due process has its roots in these amendments, which prohibit the federal and state governments from such deprivations without due process of law. The definitions of 'liberty' and 'property' have evolved over time, with Justice James Clark McReynolds in the 1923 case Meyer v. Nebraska providing a broad definition of liberty. This definition includes not only freedom from bodily restraint but also the right to contract, engage in occupations, acquire knowledge, marry, establish a home, raise children, and worship according to one's conscience. The Supreme Court has expanded on this by recognizing additional liberty interests such as the right to preserve one's good name and pursue a chosen occupation. The concept of 'property' has also been expanded by the judiciary to include entitlements to benefits under federal or state law. The paragraph outlines various procedural rights that apply to different types of right deprivations, such as an unbiased tribunal, notice of proposed actions, opportunity to present evidence, and the right to be represented by counsel. The Supreme Court's three-part test in Matthews v. Eldridge is introduced to determine the appropriate level of due process, considering the private interests affected, the risk of erroneous deprivation, and the government's interests in administrative and fiscal efficiency.

05:03

📊 Balancing Due Process and Government Interests

The second paragraph delves into the practical application of due process rights, focusing on the balance between individual rights and government interests. It uses the example of Social Security disability benefits, where the court decided that a pre-termination hearing was not necessary before curtailing benefits, as the potential value of such a hearing was deemed low. The ability to challenge a determination after it is implemented was considered sufficient. The paragraph also discusses the government's interest in efficiency, avoiding backlogs of appeals, and increased litigation expenses. It mentions a 2010 study that found significant cost savings by the federal government for issuing removal orders without formal adjudication procedures. The government argues that the fiscal and administrative burdens of holding formal hearings for all immigration matters can strain limited financial resources. However, the paragraph emphasizes that the government's goal of saving time and money must be weighed against the individual's property or liberty interests. The due process doctrine is presented as a key element in establishing a democratic society where the government treats its citizens with fairness and respect.

Keywords

💡Due Process

Due process refers to the constitutional requirement that the government must provide fair legal proceedings before depriving a person of life, liberty, or property. It is a fundamental right guaranteed by the Fifth and Fourteenth Amendments of the United States Constitution. In the video, due process is central to understanding how the government is required to treat individuals fairly under the law, ensuring that they are not unjustly deprived of their rights. The script discusses how judicial interpretations have expanded the scope of due process over time, including the right to a fair hearing before any significant deprivation of rights can occur.

💡Fifth Amendment

The Fifth Amendment is part of the United States Constitution that, among other things, protects individuals from being deprived of life, liberty, or property without due process of law. It is mentioned in the script as one of the original sources of the due process requirement, applying this protection to actions by the federal government. The video emphasizes the historical significance of the Fifth Amendment in establishing the basic rights of citizens in relation to their government.

💡Fourteenth Amendment

The Fourteenth Amendment extends the due process requirement to state governments, ensuring that neither the federal nor state governments can deprive individuals of life, liberty, or property without due process of law. The script highlights the importance of the Fourteenth Amendment in expanding the reach of due process protections to all levels of government within the United States, thus safeguarding individual rights on a broader scale.

💡Liberty

Liberty, as discussed in the video, is a broad term that encompasses not only freedom from physical restraint but also the right to engage in various life activities such as contracting, pursuing an occupation, acquiring knowledge, and raising a family. The script cites the 1923 case Meyer v. Nebraska, where Justice McReynolds provided a comprehensive definition of liberty that has been influential in shaping the understanding of this concept in American law. The video underscores how the evolution of the definition of liberty has been crucial in determining what rights are protected under due process.

💡Property

Property, in the context of due process, initially referred to physical belongings or real estate. However, as explained in the script, the judiciary has expanded this definition to include entitlements to benefits under federal or state law. The video illustrates how the concept of property has evolved to include a wide range of interests, such as the right to a free public education, which once provided, cannot be taken away without due process.

💡Procedural Due Process

Procedural due process involves the specific steps and legal procedures that the government must follow to ensure fairness before depriving an individual of life, liberty, or property. The video script explains that these procedures have been developed over time to interpret the constitutional right to due process, and they vary depending on the type of right being affected, from criminal trials to administrative hearings.

💡Unbiased Tribunal

An unbiased tribunal refers to an impartial decision-making body that is required in certain legal proceedings, particularly in criminal cases, to ensure fairness. The video script mentions this as one of the procedural rights that apply to various types of right deprivation, highlighting the importance of impartiality in legal processes to uphold due process.

💡Notice and Opportunity to Be Heard

Notice and the opportunity to be heard are fundamental procedural rights that ensure individuals are informed of the proposed actions against them and are given a chance to respond. The video script explains that this right applies to almost every deprivation, ensuring that individuals have a fair opportunity to present their case before any significant decision is made that could affect their rights.

💡Right to Present Evidence

The right to present evidence, including the right to call witnesses, is a procedural right that allows individuals to provide information and testimony in legal proceedings. The video script mentions this right as being applicable to criminal trials and other forms of significant deprivation, emphasizing the importance of allowing individuals to actively participate in their defense.

💡Right to Counsel

The right to counsel ensures that individuals have access to legal representation in certain legal proceedings. The video script discusses this right in the context of criminal prosecutions, where it is crucial for ensuring a fair trial. This right is also relevant to other types of hearings where the stakes are high, and individuals need legal advice and advocacy.

💡Matthews v. Eldridge

Matthews v. Eldridge is a Supreme Court case mentioned in the video script that established a three-part test to determine the appropriate level of due process for a deprivation. The case is significant because it introduced a balancing test that considers the private interests affected, the risk of erroneous deprivation, and the government's interests in efficiency. The video uses this case to illustrate how the courts weigh different factors in deciding what procedural protections are necessary.

Highlights

Due process is a fundamental civil right under the Fifth and Fourteenth Amendments.

Government must provide fair legal proceedings before depriving life, liberty, or property.

Procedural due process has evolved over a century with judicial interpretations.

Due process clauses protect against federal and state government overreach.

Liberty is broadly defined to include freedom from restraint and the pursuit of happiness.

James Clark McReynolds introduced a comprehensive definition of Liberty in Meyer vs. Nebraska.

Liberty interests have expanded to include rights like preserving one's good name.

Property is defined as personal belongings, real property, and entitlements under law.

Deprivation of property interests requires due process, even for benefits provided by the state.

Procedural requirements for due process vary based on the right being deprived.

Unbiased tribunals, notice, and opportunity to be heard are common procedural rights.

The right to present evidence and cross-examine witnesses applies to criminal trials.

Lesser standards for due process may apply in cases like school suspensions.

Matthews vs. Eldridge established a three-part test for determining due process levels.

The test evaluates private interests, risk of erroneous deprivation, and government interests.

Greater value of deprivation requires more due process protections.

Risk of wrongful deprivation influences the need for additional procedural safeguards.

Government's interest in efficiency can affect the level of due process required.

Recent litigation has addressed due process in immigration and deportation proceedings.

The government argues fiscal and administrative burdens against extensive pre-deportation hearings.

Procedural due process is crucial for establishing a democratic society with fair treatment of citizens.

Transcripts

one of the most important civil rights

is the right to due process under the

fifth and Fourteenth Amendments prior to

the deprivation of life liberty or

property the government must provide a

person with a fair legal proceeding

judicial interpretations over the course

of a century have provided us with a

comprehensive set of rules to interpret

this important but vague right

procedural due process originates in the

text of the due process clauses of the

United States constitutions fifth and

Fourteenth Amendments both amendments

provide that neither the federal

government nor the state government may

deprive an individual of life liberty or

property without due process of law

since the adoption of these amendments

the definitions of liberty and property

have evolved in the 1923 case Meyer

versus Nebraska justice James Clark

McReynolds introduced a broad definition

of the term Liberty that is widely

accepted today in his opinion he wrote

quote without doubt Liberty denotes not

merely freedom from bodily restraint but

also the right of the individual to

contract to engage of 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 at common law

as essential to the orderly pursuit of

happiness by freemen later Supreme Court

cases introduced more liberty interests

such as the right to preserve one's good

name and the right to pursue a chosen

occupation a deprivation of Liberty may

occur if a person loses a significant

freedom of action or if the federal or

state government denies the freedom

provided by a statute or a constitution

for example if the government wants to

restrict a person's ability to legally

drive a car to raise his own children or

to work in a particular field its

denying that person a Liberty as Saatchi

has certain due process rights property

means personal belongings or real

property the judiciary has expanded the

definition of property interests however

to also include entitlement to a benefit

under federal or state law examples of

property interests are extensive

including for example the right to a

free public education even if something

is not considered an inherent right once

a person has it depriving it requires

due

so while the right to a free public

education is not considered a

fundamental right in most states once

the state does provide it it must afford

people due process before it withdraws

that education such as for example by

suspending or expelling a student the

procedural requirements for effective

due process vary based on what right is

being deprived some of the procedural

rights that apply to various types of

right deprivation include an unbiased

tribunal which is applicable to criminal

cases and detentions for safety purposes

notice of the proposed actions and the

grounds asserted for it this is

applicable to almost every deprivation

opportunity to prevent reasons why the

proposed actions should not be taken

this is also applicable to most

deprivation including denials of

benefits the right to present evidence

including the right to call witnesses

this is applicable to criminal trials

denials of access to one's children and

comparable deprivation --zz the right to

know the opposing evidence this is

applicable to criminal prosecutions the

right to cross-examine adverse witnesses

also to criminal trials the opportunity

to be represented by counsel which is

also something that's relevant to

criminal prosecutions and the

requirement that the Tribune will

prepare a record of the evidence

presented this is applicable to criminal

prosecutions and many administrative

hearings in other cases there are lesser

standards for due process rights for

example in the case of a suspension of a

child from public school the child has

the right to an opportunity to be heard

but not necessarily the right to a full

adversarial hearing in Matthews versus

Eldridge the Supreme Court established a

three-part test to determine the

appropriate level of due process for a

deprivation one analyzed the private

interests affected by the official

action to evaluate the risk of an

erroneous deprivation of the private

interest through the procedures used and

the probable value of additional or

substitute procedural safeguards and

three analyzed the government's

interests in administrative and fiscal

efficiency let's look at each of these

factors regarding factor number one the

greater the value of the deprivation the

greater the due process that must be

afforded for example the Supreme Court

has reasoned that real property

ownership holds greater intrinsic value

than personal property owner

ship and therefore that deprivation zuv

real property trigger greater due

process protections regarding factor

number two the second Eldridge factor

requires a court to examine the risk of

wrongful deprivation of an interest and

the likelihood that an important

interest will be erroneously deprived

without safeguards a court will

prescribe additional procedural

safeguards if there is a greater

possibility that an interest will be

wrongfully deprived in the Eldridge case

the court held that the government did

not need to provide a pre termination

hearing prior to curtailing Social

Security disability benefits the court

reasoned that the potential value of the

hearing was not very high the ability to

challenge determination after it's put

into effect is sufficient that the pre

termination hearing may provide greater

procedural safeguards is insufficient to

require those of the government let's

look now at factor number three as

additional procedural safeguards require

more time and money they become less

likely to be required the government has

an interest in efficiency to not only

avoid a backlog of Appeals but also to

avoid increased litigation expenses and

time-consuming hearings the issue of

providing procedural due process

safeguards in the fields of immigration

and deportation proceedings has recently

been litigated the government argues

that fiscal and administrative burdens

of holding formal adjudication hearings

for all immigration matters drain the

government's limited financial resources

to support this claim a 2010 study found

that the federal government saved a

hundred million dollars by issuing

removal orders without formal

adjudication procedures as such the

government has claimed that it has not

violated rights to procedural due

process by not affording people

extensive pre deportation hearings the

government's goal of saving time and

money can outweigh an individual's

property or liberty interests of course

this is only one side of the balancing

test the liberty interest of the people

being subjected to deprivation --zz must

also be considered procedural due

process prevent the deprivation of one's

life liberty or property without

appropriate procedures to safeguard

one's interests the doctrine has matured

over the course of US history and has

been key in establishing a democratic

society where the government treats its

citizens with fairness and respect