Liberty Union High School District



Due Date 05/18/2020 Law, Gov. & Public Service: Chapter 39; Due ProcessInstructions: Read chapter 39 and answer the below listed questions in order of the reading. Number and answer the questions in an e-mail message to me at carrm@ . It may be easiest to write and save your work in Word, etc. and then copy and paste it into the e-mail message. Important: In the subject line, enter your period, first and last name and due dateExample: P1,MattCarr,0518The idea of due process of law means government has an obligation to treat people ______________. REFERENCE: Due Process Introduction The 5th Amendment wording that no person shall be deprived of life, liberty or property without due process of law, and the 14th Amendment stating that “No state shall deprive any person of due process of law” seems to say that a person cannot lose life, liberty or property unless fair _________________ are first followed by the government. This idea is part of what the due process clause means and is often called ____________ ________ _____________. REFERENCE: Due Process IntroductionCourts have also interpreted the due process clauses as a limit on the substantive powers of the government, meaning the laws themselves have to have a substantive, compelling and fair purpose behind the law. This idea of due process is called _______________ ______ _____________REFERENCE: Due Process IntroductionFor a law to be legal (constitutional) when denying or limiting someone’s life, liberty or property rights, there must be a compelling (important) reason for the law under __________ due process, and the government must proceed by giving fair access and fair treatment in the courts under _________ due process. REFERENCE: Due Process IntroductionWhen government makes a law, the courts usually only require that the law or government action be reasonable. If the law or action restricts fundamental rights such as freedom of association, assembly, speech, religion, fair trial, etc., the courts ________ _ ________ REFERENCE: Substantive Due Process A law will not necessarily be struck down as unconstitutional because it affects a fundamental right. The government may be able to show that it has a very ______ or ___________ interest when taking action or making a law that affects a fundamental right. REFERENCE: Substantive Due ProcessMany modern due process cases deal with what is called procedural due process, sometimes called ___________ ___________ of the law. REFERENCE: Procedural Due ProcessAccording to past decisions of the U.S. Supreme Court, the primary reason for establishing procedural safeguards –when life, liberty or property interest is affected by government action- is to prevent ______________ or _______________ decisions.REFERENCE: Procedural Due Process. SHORT ANSWER (4 POINTS)Now that we know that government must have a compelling (very important reason) for government action or laws that restrict the people’s fundamental rights, such as freedom of association, and we know that government must proceed with a fair and justified manner while being required to use the least restrictive means necessary to meet the government’s interest in restricting the people’s fundamental rights, answer the following question:Do you believe the CA State government had or still has a “compelling” substantive due process interest in restricting the people’s fundamental rights to freedom of association in ordering the people to continue to “shelter in place” and “social distance”? If the compelling interest is to restrict the spread of Covid19, is the CA government proceeding within procedural due process fairly and accurately, and is there no less restrictive means the CA government can take/could have taken? Explain. REFERENCE: Your mind ................
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