CU-Boulder BCOR 3000 - Due Process and Scrutiny (4 pages)

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Due Process and Scrutiny

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Due Process and Scrutiny


Lecture 5- Due Process and Scrutiny

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Lecture Note
University of Colorado at Boulder
Bcor 3000 - Business Law, Ethics, and Public Policy

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BCOR 3000 1nd Edition Lecture 5 Outline of Last Lecture I General Approach to Constitutional Cases II Commerce Clause III Commerce Clause Cases IV Supremacy Clause V Freedom of Speech VI Due Process Outline of Current Lecture VII Due Process cont d VIII Equal Protection clause IX 3 Levels of Scrutiny A Strict Race B Intermediate Age Gender C Rational basis X Privacy Rights Current Lecture Due Process Procedural Due Process deals with right to a trial hearing before property is taken etc 20 days to respond If excused have the right to cross examine Substantive Due Process law must be clear enough for a reasonable person to determine its meaning Some vagueness is OK Sometimes the law can t be separated from the substance These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute What s the purpose It may be so vague that the substance makes the process not fair Trying to do your best to follow laws but vagueness makes it hard to tell what is legal and what is illegal Examples vagrancy statues Montana speed Limit to vague declared unconstitutional and Illinois town anti gang law The substance can be so unfair vagueness that even the best process in the world cannot make it fair Because unfairness of the law you may still be found guilty even if you tried your very hardest to obey the law Equal Protection Clause Gov t must treat similarly situated persons similarly UNLESS there are legitimate grounds not to Ex Business challenging a statute law or an enforcement of a law Similarly Situated in state vs out of state CU students as a whole are similarly situated OR not similarly situated because one is in state and one is out of state 1 An infringement on a right is not automatically unconstitutional 2 How significant is the infringement 3 Law or action s purpose is balanced against the distinction 3 levels of scrutiny how closely will you examine something 1 Strict race

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