1 00:00:00,080 --> 00:00:06,200 Due process and Equal Protection Detailed overview One due 2 00:00:06,200 --> 00:00:09,760 process. Due process is a fundamental 3 00:00:09,760 --> 00:00:12,680 principle in American constitutional law that 4 00:00:12,680 --> 00:00:15,320 guarantees fair treatment through the normal judicial 5 00:00:15,320 --> 00:00:18,240 system, especially as a citizen's entitlement. 6 00:00:19,440 --> 00:00:23,160 It is enshrined in both the 5th and 14th Amendments to the US 7 00:00:23,160 --> 00:00:27,000 Constitution. The concept of due process is 8 00:00:27,000 --> 00:00:31,000 divided into two main categories, procedural due 9 00:00:31,000 --> 00:00:34,080 process definition and importance. 10 00:00:34,880 --> 00:00:38,640 Procedural due process is a constitutional guarantee under 11 00:00:38,640 --> 00:00:42,520 the 5th and 14th Amendments that sets the requirement for fair 12 00:00:42,520 --> 00:00:45,960 procedures when the government acts to deprive someone of life, 13 00:00:46,000 --> 00:00:50,240 liberty, or property. The principle is foundational to 14 00:00:50,240 --> 00:00:53,520 the American legal system, emphasizing the importance of 15 00:00:53,520 --> 00:00:56,080 fairness and justice in governmental actions. 16 00:00:57,560 --> 00:00:59,840 Protection against arbitrary actions. 17 00:01:00,400 --> 00:01:03,560 The central purpose of procedural due process is to 18 00:01:03,560 --> 00:01:07,120 protect individuals from arbitrary or unjust actions by 19 00:01:07,120 --> 00:01:11,440 the government by ensuring that certain procedures are followed 20 00:01:11,600 --> 00:01:15,000 before any deprivation occurs. The government is held 21 00:01:15,000 --> 00:01:17,680 accountable to operate within the framework of the law. 22 00:01:18,960 --> 00:01:22,960 Promotion of fairness. Procedural due process ensures 23 00:01:22,960 --> 00:01:25,480 that decisions that affect individuals are made 24 00:01:25,480 --> 00:01:28,640 transparently and fairly, providing A mechanism to 25 00:01:28,640 --> 00:01:31,920 challenge and appeal against governmental decisions that 26 00:01:31,920 --> 00:01:34,360 might otherwise be unjust and oppressive. 27 00:01:34,880 --> 00:01:39,680 Key Elements The framework of procedural due process includes 28 00:01:39,680 --> 00:01:42,920 several critical elements that must be present to satisfy 29 00:01:42,920 --> 00:01:48,440 constitutional standards. Notice Before any governmental 30 00:01:48,440 --> 00:01:51,760 action that deprives an individual of life, liberty, or 31 00:01:51,760 --> 00:01:54,840 property, the affected person must be given notice. 32 00:01:55,920 --> 00:01:58,880 This notice must include sufficient information about the 33 00:01:58,880 --> 00:02:01,800 nature of the action, the reasons for the impending 34 00:02:01,800 --> 00:02:06,360 action, and the consequences. The purpose of the notice is to 35 00:02:06,360 --> 00:02:09,240 inform the individual in such a way that they can prepare a 36 00:02:09,240 --> 00:02:12,360 defense or response to challenge the government's action. 37 00:02:13,560 --> 00:02:17,160 Example In the context of property foreclosure by the 38 00:02:17,160 --> 00:02:20,640 government, notice must be provided detailing the amount 39 00:02:20,680 --> 00:02:24,360 owed, the deadline for payment before seizure, and the legal 40 00:02:24,360 --> 00:02:26,760 recourse available to contest the seizure. 41 00:02:27,960 --> 00:02:31,440 Hearing A hearing is an essential component that 42 00:02:31,440 --> 00:02:34,240 provides the individual an opportunity to be heard. 43 00:02:35,400 --> 00:02:38,640 This hearing must be timely and conducted in a manner that 44 00:02:38,640 --> 00:02:41,760 allows the individual a fair chance to present their case, 45 00:02:42,040 --> 00:02:45,160 challenge the evidence against them, and argue their rights 46 00:02:45,160 --> 00:02:48,880 before an impartial adjudicator purpose. 47 00:02:49,480 --> 00:02:52,320 The hearing serves to ensure that the government does not act 48 00:02:52,320 --> 00:02:54,800 on incorrect or incomplete information. 49 00:02:55,800 --> 00:02:59,240 It also provides a formal venue for presenting evidence and 50 00:02:59,240 --> 00:03:01,400 arguments against the governmental action. 51 00:03:02,520 --> 00:03:05,440 Example. If a government agency seeks to 52 00:03:05,440 --> 00:03:09,320 revoke a professional license, the licensee must be provided 53 00:03:09,320 --> 00:03:12,040 with a hearing where they can contest the evidence presented 54 00:03:12,040 --> 00:03:15,280 by the government and offer their own evidence and arguments 55 00:03:15,280 --> 00:03:18,600 in defense application and legal context. 56 00:03:19,680 --> 00:03:22,720 Employment. In cases where public employees 57 00:03:22,720 --> 00:03:26,840 face termination or significant disciplinary action, procedural 58 00:03:26,840 --> 00:03:29,920 due process requires that they receive notice of the charges 59 00:03:29,920 --> 00:03:33,240 against them and a meaningful opportunity to contest those 60 00:03:33,240 --> 00:03:38,520 charges in a hearing. Welfare and Benefits Individuals 61 00:03:38,520 --> 00:03:41,880 receiving government benefits such as Social Security or 62 00:03:41,880 --> 00:03:45,320 welfare are entitled to notice and a hearing before those 63 00:03:45,320 --> 00:03:47,400 benefits can be reduced or terminated. 64 00:03:48,760 --> 00:03:53,040 Education students in public educational institutions who 65 00:03:53,040 --> 00:03:57,120 face long term suspension or expulsion must be given notice 66 00:03:57,120 --> 00:04:00,080 and an opportunity to challenge the basis of the proposed 67 00:04:00,080 --> 00:04:04,200 disciplinary action. Procedural due process is a 68 00:04:04,200 --> 00:04:07,920 critical safeguard in the legal system designed to ensure that 69 00:04:07,920 --> 00:04:10,560 when the government seeks to deprive individuals of their 70 00:04:10,560 --> 00:04:14,480 rights or property, it must do so through fair and established 71 00:04:14,480 --> 00:04:17,880 procedures. This not only helps prevent 72 00:04:17,880 --> 00:04:21,320 misuse of governmental power, but also reinforces the 73 00:04:21,320 --> 00:04:24,160 principles of justice and fairness foundational to the 74 00:04:24,160 --> 00:04:27,480 rule of law. By mandating notice and a 75 00:04:27,480 --> 00:04:31,600 hearing, procedural due process empowers individuals to protect 76 00:04:31,600 --> 00:04:35,000 their rights against potentially unjust governmental actions, 77 00:04:35,840 --> 00:04:40,320 procedural due process, typical applications, and landmark case 78 00:04:40,320 --> 00:04:43,600 analysis. Procedural due process is a 79 00:04:43,600 --> 00:04:47,120 cornerstone of American constitutional law rooted in the 80 00:04:47,120 --> 00:04:50,760 5th and 14th Amendments, which prevent the federal and state 81 00:04:50,760 --> 00:04:54,480 governments, respectively, from depriving individuals of life, 82 00:04:54,480 --> 00:04:57,400 liberty, or property without due process of law. 83 00:04:58,560 --> 00:05:01,920 This legal doctrine ensures that when the government acts in ways 84 00:05:01,920 --> 00:05:05,760 that could affect fundamental rights, it must do so using fair 85 00:05:05,760 --> 00:05:09,360 and standardized procedures to prevent arbitrary decisions. 86 00:05:10,520 --> 00:05:13,720 This principle is particularly significant in administrative 87 00:05:13,720 --> 00:05:17,680 law, where individuals often face governmental decisions that 88 00:05:17,680 --> 00:05:19,960 can profoundly impact their daily lives. 89 00:05:20,840 --> 00:05:23,880 Typical applications of procedural due process 90 00:05:24,960 --> 00:05:28,240 Procedural due process applies across a broad spectrum of 91 00:05:28,240 --> 00:05:31,720 interactions between individuals and governmental entities. 92 00:05:32,800 --> 00:05:36,440 The principle is particularly vital in areas including welfare 93 00:05:36,440 --> 00:05:40,880 benefits, licensing, employment, education and more. 94 00:05:41,720 --> 00:05:46,360 Below is a detailed exploration of these applications, Welfare 95 00:05:46,360 --> 00:05:52,080 benefits Context and importance. Millions of Americans receive 96 00:05:52,080 --> 00:05:54,960 some form of government assistance such as Social 97 00:05:54,960 --> 00:05:58,520 Security benefits, food stamps, or disability payments. 98 00:05:59,720 --> 00:06:02,920 Procedural due process ensures that recipients are not 99 00:06:02,920 --> 00:06:06,280 arbitrarily deprived of these benefits without a chance to 100 00:06:06,280 --> 00:06:11,560 contest adverse decisions. Application When a welfare 101 00:06:11,560 --> 00:06:15,680 agency proposes to terminate or reduce benefits, the affected 102 00:06:15,680 --> 00:06:18,920 individual must receive timely and adequate notice about the 103 00:06:18,920 --> 00:06:22,280 reasons for the action and an opportunity to be heard at a 104 00:06:22,280 --> 00:06:25,080 hearing. This hearing allows the 105 00:06:25,080 --> 00:06:28,200 beneficiary to present their case, argue against the 106 00:06:28,200 --> 00:06:31,880 decision, and submit evidence supporting their eligibility or 107 00:06:31,880 --> 00:06:35,680 need for continued assistance. Case example. 108 00:06:36,080 --> 00:06:40,920 In Goldberg V Kelly 1970, the Supreme Court held that welfare 109 00:06:40,920 --> 00:06:44,120 recipients must be afforded an evidentiary hearing before 110 00:06:44,120 --> 00:06:47,800 benefits are terminated to prevent erroneous deprivation of 111 00:06:47,800 --> 00:06:51,600 such essential support, suspension or revocation of 112 00:06:51,600 --> 00:06:56,360 licenses. Context and Importance licenses, 113 00:06:56,440 --> 00:06:59,560 whether they are for driving, practicing A profession or 114 00:06:59,560 --> 00:07:02,640 operating a business, can be essential for an individual's 115 00:07:02,640 --> 00:07:06,400 livelihood. The suspension or revocation of 116 00:07:06,400 --> 00:07:10,160 a license by a government body can have significant personal 117 00:07:10,160 --> 00:07:15,280 and professional repercussions. Application Procedural due 118 00:07:15,280 --> 00:07:19,480 process in this context demands that the licensee be notified of 119 00:07:19,480 --> 00:07:22,840 the grounds for the action and given an opportunity to defend 120 00:07:22,840 --> 00:07:26,720 themselves in a hearing. This process ensures that 121 00:07:26,720 --> 00:07:29,440 decisions are made based on accurate and complete 122 00:07:29,440 --> 00:07:33,160 information and that the licensee can challenge unjust or 123 00:07:33,160 --> 00:07:38,240 erroneous allegations. Case Example In Bellevue Burson 124 00:07:38,240 --> 00:07:42,800 1971, the Supreme Court required that before a state could 125 00:07:42,800 --> 00:07:45,920 suspend a driver's license for being involved in an accident, 126 00:07:46,240 --> 00:07:49,080 the driver must be given an opportunity to challenge the 127 00:07:49,080 --> 00:07:51,240 presumed responsibility for the accident. 128 00:07:52,200 --> 00:07:57,360 Employment Termination of Public Employees Context and Importance 129 00:07:58,040 --> 00:08:01,600 Public employees often enjoy greater job security than their 130 00:08:01,600 --> 00:08:05,160 private sector counterparts, largely due to the principles of 131 00:08:05,160 --> 00:08:08,680 procedural due process application. 132 00:08:09,600 --> 00:08:13,040 Before a public employee can be terminated or subjected to 133 00:08:13,040 --> 00:08:16,800 significant disciplinary action, they must typically be provided 134 00:08:16,800 --> 00:08:19,280 with a notice outlining the reasons for the proposed 135 00:08:19,280 --> 00:08:22,720 termination and a hearing where they can contest the decision. 136 00:08:23,760 --> 00:08:27,080 This process helps ensure that public employment decisions are 137 00:08:27,080 --> 00:08:30,400 not made arbitrarily or based on improper motives. 138 00:08:31,520 --> 00:08:34,559 Case Example. In Cleveland Board of Education 139 00:08:34,559 --> 00:08:39,039 V Loudermill, 1985, the Supreme Court ruled that public 140 00:08:39,039 --> 00:08:42,400 employees who are terminated must have a chance to respond to 141 00:08:42,400 --> 00:08:45,840 the charges against them before they are terminated as part of 142 00:08:45,840 --> 00:08:47,960 their right to procedural due process. 143 00:08:48,800 --> 00:08:54,720 Landmark Case Matthews V Eldridge, 1976 The case of 144 00:08:54,720 --> 00:08:57,400 Matthews V Eldridge significantly shaped the 145 00:08:57,400 --> 00:09:00,560 application of procedural due process in administrative 146 00:09:00,560 --> 00:09:03,920 settings. The Supreme Court in this case 147 00:09:03,920 --> 00:09:06,640 established A framework for determining the specific 148 00:09:06,640 --> 00:09:09,880 procedures required by due process in different contexts. 149 00:09:11,000 --> 00:09:14,520 Background The case involved George Eldridge, who was 150 00:09:14,520 --> 00:09:17,080 receiving Social Security disability benefits. 151 00:09:18,280 --> 00:09:20,800 The Social Security Administration terminated these 152 00:09:20,800 --> 00:09:24,640 benefits based on a process that did not include an opportunity 153 00:09:24,640 --> 00:09:28,240 for a pretermination hearing, which Eldridge challenged as a 154 00:09:28,240 --> 00:09:32,880 violation of procedural due process, the Supreme Court's 155 00:09:32,880 --> 00:09:35,560 decision. The Court did not require a 156 00:09:35,560 --> 00:09:37,640 pretermination hearing in this case. 157 00:09:38,720 --> 00:09:42,600 Instead, it set forth a balancing test to determine what 158 00:09:42,600 --> 00:09:45,320 specific safeguards due process requires. 159 00:09:46,000 --> 00:09:49,440 The test ways the private interest affected. 160 00:09:49,960 --> 00:09:52,880 The more significant the individual's interest, the more 161 00:09:52,880 --> 00:09:55,480 likely that more formal procedural safeguards are 162 00:09:55,480 --> 00:09:59,840 necessary, the risk of an erroneous deprivation, and the 163 00:09:59,840 --> 00:10:03,880 value of additional safeguards. This factor considers how the 164 00:10:03,880 --> 00:10:07,480 proposed procedures might reduce the risk of erroneous decisions 165 00:10:08,720 --> 00:10:11,720 the government's interest. This includes the function 166 00:10:11,720 --> 00:10:14,800 involved and the fiscal and administrative burdens that 167 00:10:14,800 --> 00:10:17,120 additional procedural requirements would entail. 168 00:10:18,400 --> 00:10:22,240 Implications of the decision. This framework allows for a 169 00:10:22,240 --> 00:10:25,880 flexible approach to procedural due process, tailoring the 170 00:10:25,880 --> 00:10:29,600 requirements to the specifics of the case and balancing various 171 00:10:29,600 --> 00:10:32,960 interests. It recognizes that while 172 00:10:32,960 --> 00:10:36,480 procedural safeguards are critical, the extent and nature 173 00:10:36,480 --> 00:10:39,760 of those safeguards may vary depending on the context and the 174 00:10:39,760 --> 00:10:42,240 stakes involved. Conclusion. 175 00:10:43,280 --> 00:10:46,160 Procedural due process is an essential aspect of 176 00:10:46,160 --> 00:10:49,560 administrative law, providing individuals with protection 177 00:10:49,560 --> 00:10:52,280 against the arbitrary deprivation of rights by 178 00:10:52,280 --> 00:10:57,080 ensuring that decisions are made transparently and fairly, from 179 00:10:57,080 --> 00:11:00,240 welfare to employment. The application of procedural 180 00:11:00,240 --> 00:11:03,400 due process is vital in maintaining public trust in 181 00:11:03,400 --> 00:11:06,960 government actions. The principles set forth in 182 00:11:06,960 --> 00:11:11,120 landmark cases like Matthews V Eldridge continue to guide 183 00:11:11,120 --> 00:11:14,240 courts and administrative bodies in applying these protections 184 00:11:14,240 --> 00:11:18,160 appropriately ensuring a balance between individual rights and 185 00:11:18,160 --> 00:11:21,800 governmental interests. Substantive Due Process 186 00:11:22,640 --> 00:11:26,040 Substantive due process is a principle derived from the Due 187 00:11:26,040 --> 00:11:29,840 Process Clauses of the 5th and 14th Amendments of the US 188 00:11:29,840 --> 00:11:33,840 Constitution. This legal doctrine is pivotal 189 00:11:33,840 --> 00:11:37,040 in protecting fundamental rights from government interference, 190 00:11:37,360 --> 00:11:40,000 focusing not just on the procedures employed by the 191 00:11:40,000 --> 00:11:42,760 state, but on whether the government's actions are 192 00:11:42,760 --> 00:11:47,360 justified and lawful. In the 1st place definition and 193 00:11:47,360 --> 00:11:52,040 importance definition, Substantive due process 194 00:11:52,040 --> 00:11:55,320 prohibits the government from infringing on fundamental rights 195 00:11:55,520 --> 00:11:59,960 regardless of the process used. It asks whether a government 196 00:11:59,960 --> 00:12:03,000 action is consistent with the liberties guaranteed under the 197 00:12:03,000 --> 00:12:06,080 Constitution, especially personal liberties that are 198 00:12:06,080 --> 00:12:11,520 deemed fundamental importance. The doctrine is critical for 199 00:12:11,520 --> 00:12:14,440 safeguarding personal rights that are deeply rooted in the 200 00:12:14,440 --> 00:12:18,840 nation's history and tradition. This layer of protection is 201 00:12:18,840 --> 00:12:21,960 essential to preserving individual autonomy against 202 00:12:21,960 --> 00:12:24,440 undue legislative and executive powers. 203 00:12:25,480 --> 00:12:28,920 It serves as a check on governmental powers ensuring 204 00:12:28,920 --> 00:12:32,600 that certain areas of personal and family life remain protected 205 00:12:32,600 --> 00:12:35,320 from governmental intrusion unless a compelling 206 00:12:35,320 --> 00:12:39,080 justification is provided. Protected rights under 207 00:12:39,080 --> 00:12:43,360 substantive due process Substantive due process covers a 208 00:12:43,360 --> 00:12:46,480 wide array of fundamental rights that are not explicitly 209 00:12:46,480 --> 00:12:49,560 mentioned in the Constitution, but are deemed essential to 210 00:12:49,560 --> 00:12:55,000 order, liberty, and justice. These include right to privacy 211 00:12:55,760 --> 00:12:58,840 context. The right to privacy has been 212 00:12:58,840 --> 00:13:01,800 one of the most significant aspects of substantive due 213 00:13:01,800 --> 00:13:04,760 process. It includes the right to make 214 00:13:04,760 --> 00:13:08,320 decisions concerning one's body and private family matters 215 00:13:08,480 --> 00:13:12,000 without undue government interference applications. 216 00:13:12,960 --> 00:13:16,000 Marriage. The right to marry regardless of 217 00:13:16,000 --> 00:13:19,480 racial background as established in Loving V Virginia. 218 00:13:19,920 --> 00:13:23,440 And the right to same sex marriage as seen in Obergefell V 219 00:13:23,440 --> 00:13:27,960 Hodges. Procreation, including decisions 220 00:13:27,960 --> 00:13:31,680 about childbirth and contraception, as in Griswold V 221 00:13:31,680 --> 00:13:35,360 Connecticut, which recognized marital privacy and the right to 222 00:13:35,360 --> 00:13:40,280 use contraceptives, family relationships, The ability to 223 00:13:40,280 --> 00:13:43,520 live as a family and make decisions concerning the care, 224 00:13:43,640 --> 00:13:47,360 custody, and control of one's children, affirmed in Meyer V 225 00:13:47,360 --> 00:13:50,560 Nebraska and Pierce V Society of Sisters. 226 00:13:51,480 --> 00:13:56,520 Bodily Integrity context. This right protects individuals 227 00:13:56,520 --> 00:14:00,200 from unwanted intrusions into their physical body unless there 228 00:14:00,200 --> 00:14:04,200 is a compelling reason justified by the state applications. 229 00:14:05,360 --> 00:14:08,360 Medical decisions. The right to refuse medical 230 00:14:08,360 --> 00:14:12,320 treatment or undergo certain medical procedures as discussed 231 00:14:12,320 --> 00:14:15,200 in Cruise and V Director, Missouri Department of Health 232 00:14:16,520 --> 00:14:19,720 Reproductive Choices. The freedom to choose whether or 233 00:14:19,720 --> 00:14:23,680 not to have an abortion, as famously decided in Roe V Wade 234 00:14:23,800 --> 00:14:27,400 and later cases like Planned Parenthood V Casey, which 235 00:14:27,400 --> 00:14:30,280 reaffirmed the right under a slightly different framework. 236 00:14:31,160 --> 00:14:35,680 Parental rights context. Parental rights involve the 237 00:14:35,680 --> 00:14:38,840 right to make decisions about the upbringing of one's children 238 00:14:38,960 --> 00:14:42,680 without undue government interference Applications. 239 00:14:43,760 --> 00:14:47,520 Education parents rights to decide the kind of education 240 00:14:47,520 --> 00:14:50,560 their children will receive. Protected in cases like 241 00:14:50,560 --> 00:14:54,400 Wisconsin V Yoder, which upheld the right of Amish parents to 242 00:14:54,400 --> 00:14:57,120 remove their children from public schools after the 8th 243 00:14:57,120 --> 00:15:01,400 grade. Custody and Care Legal standards 244 00:15:01,400 --> 00:15:04,840 that govern state intervention and family life, such as in 245 00:15:04,840 --> 00:15:08,160 child custody disputes and in cases involving the potential 246 00:15:08,160 --> 00:15:14,360 termination of parental rights. Landmark Case Roe V Wade 1973 247 00:15:15,400 --> 00:15:18,800 Roe V Wade is one of the most notable applications of 248 00:15:18,800 --> 00:15:23,440 substantive due process. In this landmark decision, the 249 00:15:23,640 --> 00:15:27,080 US Supreme Court recognized a woman's right to choose abortion 250 00:15:27,240 --> 00:15:30,040 under the privacy rights protected by substantive due 251 00:15:30,040 --> 00:15:32,960 process. Case background. 252 00:15:33,480 --> 00:15:37,040 The case was brought by Jane Roe, a pseudonym for Norma 253 00:15:37,040 --> 00:15:40,560 Mccorvey, who challenged Texas laws criminalizing most 254 00:15:40,560 --> 00:15:43,680 abortions, arguing that they were unconstitutional. 255 00:15:44,840 --> 00:15:48,360 Supreme Court's decision. The Court held that the right to 256 00:15:48,360 --> 00:15:51,680 privacy under the Due Process Clause of the 14th Amendment 257 00:15:51,840 --> 00:15:54,560 extended to a woman's decision to have an abortion. 258 00:15:55,640 --> 00:15:58,840 The decision set up a framework, known as the Trimester 259 00:15:58,840 --> 00:16:02,200 framework, which attempted to balance the state's interests 260 00:16:02,200 --> 00:16:05,120 against the woman's privacy rights throughout the stages of 261 00:16:05,120 --> 00:16:08,800 pregnancy impact and controversy. 262 00:16:09,520 --> 00:16:12,840 The decision profoundly affected abortion laws nationwide, 263 00:16:13,200 --> 00:16:16,720 invalidating many state laws that restricted abortions and 264 00:16:16,720 --> 00:16:20,040 setting off an ongoing debate and series of legal challenges 265 00:16:20,320 --> 00:16:23,080 which focus on the extent to which states can regulate 266 00:16:23,080 --> 00:16:28,280 abortion before fetal viability. Substantive due process remains 267 00:16:28,280 --> 00:16:32,080 A crucial, albeit controversial, element of constitutional law. 268 00:16:33,200 --> 00:16:36,360 It acts as a safeguard for protecting fundamental rights 269 00:16:36,360 --> 00:16:37,960 from overreach by the government. 270 00:16:39,080 --> 00:16:42,640 The evolution of substantive due process reflects changing 271 00:16:42,640 --> 00:16:46,360 societal values over time, showing its flexibility in 272 00:16:46,360 --> 00:16:49,200 adapting to new understandings of rights and liberties. 273 00:16:50,440 --> 00:16:54,840 Cases like Roe V Wade highlight both the power and complexity of 274 00:16:54,840 --> 00:16:58,120 applying substantive due process in judicial decisions, 275 00:16:58,520 --> 00:17:02,040 showcasing its role in shaping public policy and individual 276 00:17:02,040 --> 00:17:05,400 rights. This doctrine continues to be at 277 00:17:05,400 --> 00:17:08,599 the heart of many of the most important and divisive legal 278 00:17:08,599 --> 00:17:12,960 battles in the United States. 2 Equal Protection. 279 00:17:13,760 --> 00:17:17,440 The Equal Protection Clause of the 14th Amendment provides that 280 00:17:17,440 --> 00:17:20,800 no State shall deny to any person within its jurisdiction 281 00:17:20,800 --> 00:17:22,640 the equal protection of the laws. 282 00:17:23,800 --> 00:17:26,599 This clause is a crucial element in the fight against 283 00:17:26,599 --> 00:17:30,000 discrimination. The Equal Protection Clause 284 00:17:30,360 --> 00:17:33,320 purpose, scope, and judicial interpretation. 285 00:17:34,400 --> 00:17:37,680 The Equal Protection Clause of the 14th Amendment to the United 286 00:17:37,680 --> 00:17:41,880 States Constitution provides that no State shall deny to any 287 00:17:41,880 --> 00:17:44,960 person within its jurisdiction the equal protection of the 288 00:17:44,960 --> 00:17:48,440 laws. This pivotal clause has served 289 00:17:48,440 --> 00:17:52,320 as a cornerstone of civil rights litigation, ensuring that all 290 00:17:52,320 --> 00:17:54,920 individuals receive similar treatment under the law, 291 00:17:55,120 --> 00:17:56,960 irrespective of their background. 292 00:17:58,160 --> 00:18:01,760 Understanding its purpose, scope and the standards of review 293 00:18:01,760 --> 00:18:05,440 employed by courts to enforce it is essential to appreciating its 294 00:18:05,440 --> 00:18:10,160 impact on American legal and social landscapes, purpose and 295 00:18:10,160 --> 00:18:14,280 scope. Purpose, the fundamental purpose 296 00:18:14,280 --> 00:18:17,280 of the Equal Protection Clause, is to prevent arbitrary 297 00:18:17,280 --> 00:18:21,480 classification by state action. It aims to protect all 298 00:18:21,480 --> 00:18:24,040 individuals from unjust discrimination by the 299 00:18:24,040 --> 00:18:27,400 government, ensuring that everyone has equal access to 300 00:18:27,400 --> 00:18:29,760 rights and protections offered by the state. 301 00:18:30,880 --> 00:18:33,840 This clause was initially enacted to protect the rights of 302 00:18:33,840 --> 00:18:37,520 newly freed slaves during the Reconstruction Era, but its 303 00:18:37,520 --> 00:18:41,120 application has broadly expanded over time to include a wide 304 00:18:41,120 --> 00:18:44,440 range of issues related to race, gender, and other 305 00:18:44,440 --> 00:18:48,920 characteristics. Scope The scope of the Equal 306 00:18:48,920 --> 00:18:52,400 Protection Clause extends to all state and local government 307 00:18:52,400 --> 00:18:56,360 actions, influencing laws, policies, and other governmental 308 00:18:56,360 --> 00:18:59,760 activities. Whenever a state government 309 00:18:59,760 --> 00:19:03,040 enacts a law or takes action that affects a group of people 310 00:19:03,040 --> 00:19:05,800 differently, this clause requires that there be a 311 00:19:05,800 --> 00:19:09,120 sufficient legal justification for such differentiation. 312 00:19:09,720 --> 00:19:13,960 Standards of review The Supreme Court has developed a framework 313 00:19:13,960 --> 00:19:17,080 for evaluating whether laws conform to the Equal Protection 314 00:19:17,080 --> 00:19:20,680 Clause. This framework categorizes laws 315 00:19:20,680 --> 00:19:23,840 based on the characteristics they affect and the nature of 316 00:19:23,840 --> 00:19:27,520 the affected rights, applying one of three levels of scrutiny, 317 00:19:28,560 --> 00:19:33,440 strict scrutiny application. This is the highest level of 318 00:19:33,440 --> 00:19:36,840 judicial review used when a law discriminates on the basis of 319 00:19:36,840 --> 00:19:40,840 race, ethnicity, national origin, or infringes upon 320 00:19:40,840 --> 00:19:44,800 fundamental rights such as the right to vote or rights related 321 00:19:44,800 --> 00:19:47,960 to Interstate travel requirements. 322 00:19:48,640 --> 00:19:52,080 Under strict scrutiny, the government must demonstrate that 323 00:19:52,080 --> 00:19:54,520 the discriminatory classification serves a 324 00:19:54,520 --> 00:19:57,720 compelling state interest and that the classification is 325 00:19:57,720 --> 00:19:59,560 necessary to serve that interest. 326 00:20:00,760 --> 00:20:04,000 The means chosen by the state must be narrowly tailored to 327 00:20:04,000 --> 00:20:07,800 achieve only that interest, with no less restrictive alternatives 328 00:20:07,800 --> 00:20:12,240 available. Example In Loving V Virginia, 329 00:20:12,320 --> 00:20:16,680 1967, the Supreme Court invalidated Virginia's laws 330 00:20:16,680 --> 00:20:19,920 prohibiting interracial marriage, using strict scrutiny 331 00:20:19,920 --> 00:20:23,320 to find that the law served no legitimate overriding purpose 332 00:20:23,320 --> 00:20:26,040 independent of invidious racial discrimination. 333 00:20:26,760 --> 00:20:29,760 Intermediate scrutiny application. 334 00:20:30,520 --> 00:20:33,680 This level is used for classifications based on gender 335 00:20:33,680 --> 00:20:37,440 or legitimacy. It is less stringent than strict 336 00:20:37,440 --> 00:20:41,240 scrutiny, but still requires substantial justification for 337 00:20:41,240 --> 00:20:44,440 the differential treatment requirements. 338 00:20:45,120 --> 00:20:48,000 The government must show that the challenged classification 339 00:20:48,000 --> 00:20:51,320 serves an important governmental objective and that the 340 00:20:51,320 --> 00:20:54,520 discriminatory means employed are substantially related to the 341 00:20:54,520 --> 00:20:59,720 achievement of those objectives. Example In United States V 342 00:20:59,720 --> 00:21:04,080 Virginia 1996, the Supreme Court struck down the Virginia 343 00:21:04,080 --> 00:21:07,360 Military Institute's male only admission policy under 344 00:21:07,360 --> 00:21:10,960 intermediate scrutiny, ruling that the gender based admissions 345 00:21:10,960 --> 00:21:13,720 policy failed to show an exceedingly persuasive 346 00:21:13,720 --> 00:21:16,680 justification. Rational basis review 347 00:21:17,640 --> 00:21:22,240 application applied to all other classifications not subject to 348 00:21:22,240 --> 00:21:26,360 higher scrutiny levels, such as those based on age or disability 349 00:21:27,560 --> 00:21:30,360 requirements. The government only needs to 350 00:21:30,360 --> 00:21:33,480 show that the challenge law is rationally related to a 351 00:21:33,480 --> 00:21:37,920 legitimate state interest. This level of review is highly 352 00:21:37,920 --> 00:21:41,680 deferential to the state and the law is presumed to be valid. 353 00:21:42,720 --> 00:21:48,520 Example In Heller V Doe 1993, the Court upheld a law that 354 00:21:48,520 --> 00:21:51,440 treated mentally ill individuals differently from mentally 355 00:21:51,440 --> 00:21:54,880 retarded individuals, finding that the classification was 356 00:21:54,880 --> 00:21:57,360 rationally related to a legitimate governmental 357 00:21:57,360 --> 00:22:01,440 objective. Landmark case Brown V Board of 358 00:22:01,440 --> 00:22:05,680 Education, 1954. One of the most significant 359 00:22:05,680 --> 00:22:09,280 applications of the Equal Protection Clause was in Brown V 360 00:22:09,280 --> 00:22:13,400 Board of Education of Topeka, a landmark case where the Supreme 361 00:22:13,400 --> 00:22:16,320 Court held that racial segregation in public schools 362 00:22:16,320 --> 00:22:20,320 violated the Equal Protection Clause background. 363 00:22:21,000 --> 00:22:24,280 The case was a consolidation of five different cases, all 364 00:22:24,280 --> 00:22:26,640 challenging the constitutionality of racial 365 00:22:26,640 --> 00:22:31,320 segregation in public schools. The doctrine of separate but 366 00:22:31,320 --> 00:22:36,680 equal, established by Plessy V Ferguson, 1896, was at issue. 367 00:22:37,840 --> 00:22:40,960 Supreme Court's decision unanimously. 368 00:22:41,120 --> 00:22:44,200 The Court held that separate educational facilities are 369 00:22:44,200 --> 00:22:48,000 inherently unequal, thus ruling that segregation in public 370 00:22:48,000 --> 00:22:52,560 schools was unconstitutional. The decision emphasized that 371 00:22:52,560 --> 00:22:56,560 segregation of public education based on race instilled a sense 372 00:22:56,560 --> 00:23:00,280 of inferiority amongst African American children and deprived 373 00:23:00,280 --> 00:23:03,160 them of some of the benefits they would receive in a racially 374 00:23:03,160 --> 00:23:08,360 integrated school system. Impact This ruling became a 375 00:23:08,360 --> 00:23:11,600 catalyst for the Civil Rights movement, setting the stage for 376 00:23:11,600 --> 00:23:14,640 further legislation and court decisions that continued to 377 00:23:14,640 --> 00:23:19,360 challenge racial discrimination. The case not only applied strict 378 00:23:19,360 --> 00:23:22,400 scrutiny to racial discrimination, but also 379 00:23:22,400 --> 00:23:25,200 underscored the broad and transformative power of the 380 00:23:25,200 --> 00:23:29,280 Equal Protection Clause. The Equal Protection Clause 381 00:23:29,280 --> 00:23:32,520 remains A vital element of the United States Constitution, 382 00:23:33,000 --> 00:23:36,480 embodying the nation's core values of equality and justice. 383 00:23:37,560 --> 00:23:40,680 Its implementation through varying standards of review 384 00:23:41,000 --> 00:23:44,440 shows the judiciary's role in balancing individual rights 385 00:23:44,440 --> 00:23:48,880 against governmental interests. Landmark cases like Brown V 386 00:23:48,880 --> 00:23:52,600 Board of Education not only illustrate the power of judicial 387 00:23:52,600 --> 00:23:56,440 review, but also highlights the ongoing struggle for equality in 388 00:23:56,440 --> 00:23:59,920 America. This clause continues to serve 389 00:23:59,920 --> 00:24:03,440 as both a shield against discriminatory practices and a 390 00:24:03,440 --> 00:24:06,920 reminder of the ongoing need for vigilance in protecting civil 391 00:24:06,920 --> 00:24:10,320 rights. Summary of Due Process and Equal 392 00:24:10,320 --> 00:24:16,560 protection One due process Due process is a fundamental legal 393 00:24:16,560 --> 00:24:20,720 principle enshrined in the 5th and 14th Amendments of the US 394 00:24:20,720 --> 00:24:24,600 Constitution, which guarantees fair legal procedures and 395 00:24:24,600 --> 00:24:27,160 protections from arbitrary government actions. 396 00:24:27,800 --> 00:24:31,720 It is divided into two categories, Procedural due 397 00:24:31,720 --> 00:24:34,600 process. This category focuses on the 398 00:24:34,600 --> 00:24:37,600 methods and procedures the government must follow before 399 00:24:37,600 --> 00:24:40,840 depriving an individual of life, liberty, or property. 400 00:24:42,040 --> 00:24:45,480 Key elements include the right to receive advance notice and 401 00:24:45,480 --> 00:24:48,920 the opportunity for a fair hearing, ensuring individuals 402 00:24:48,920 --> 00:24:51,480 can defend their rights effectively against government 403 00:24:51,480 --> 00:24:55,520 actions. Cases like Matthews V Eldridge, 404 00:24:55,520 --> 00:25:00,400 1976 helped determine the specific procedures required by 405 00:25:00,400 --> 00:25:03,800 evaluating the balance between individual rights, the risk of 406 00:25:03,800 --> 00:25:05,960 error and governmental efficiency. 407 00:25:07,280 --> 00:25:10,840 Substantive due process. This type protects certain 408 00:25:10,840 --> 00:25:13,280 fundamental rights from government interference 409 00:25:13,560 --> 00:25:15,880 regardless of the procedural methods used. 410 00:25:16,840 --> 00:25:20,200 It primarily concerns personal liberties that are deeply rooted 411 00:25:20,200 --> 00:25:23,720 in the nation's history and traditions, such as privacy, 412 00:25:23,840 --> 00:25:26,400 bodily integrity, and family relations. 413 00:25:27,600 --> 00:25:32,960 Landmark decisions such as Roe V Wade 1973 highlight the 414 00:25:32,960 --> 00:25:36,520 application of substantive due process in protecting individual 415 00:25:36,520 --> 00:25:41,040 decisions about private matters like abortion. 2 Equal 416 00:25:41,040 --> 00:25:44,040 Protection. The Equal Protection Clause 417 00:25:44,160 --> 00:25:47,960 located in the 14th Amendment, mandates that no State shall 418 00:25:47,960 --> 00:25:50,760 deny any person within its jurisdiction the equal 419 00:25:50,760 --> 00:25:55,080 protection of the laws. This Clause is instrumental in 420 00:25:55,080 --> 00:25:58,080 addressing inequalities and ensuring that similar 421 00:25:58,080 --> 00:26:00,480 individuals are treated alike under the law. 422 00:26:00,680 --> 00:26:05,400 Unless a valid governmental reason justifies otherwise, the 423 00:26:05,400 --> 00:26:08,400 clause is enforced through varying standards of judicial 424 00:26:08,400 --> 00:26:11,200 review depending on the classification involved. 425 00:26:12,600 --> 00:26:16,760 Strict scrutiny applied when laws discriminate based on race, 426 00:26:16,800 --> 00:26:21,040 ethnicity, national origin, or infringe on fundamental rights. 427 00:26:22,120 --> 00:26:25,160 The government must prove that such laws serve a compelling 428 00:26:25,160 --> 00:26:28,480 interest and are narrowly tailored to achieve their goals. 429 00:26:29,680 --> 00:26:32,480 This is the most rigorous standard, reflecting the 430 00:26:32,480 --> 00:26:35,960 critical nature of the rights and classifications it protects. 431 00:26:37,160 --> 00:26:40,960 Intermediate scrutiny used for laws involving discrimination 432 00:26:40,960 --> 00:26:45,520 based on gender or legitimacy. The government must show that 433 00:26:45,520 --> 00:26:48,960 the law serves an important governmental objective and that 434 00:26:48,960 --> 00:26:51,240 the means employed are substantially related to 435 00:26:51,240 --> 00:26:56,440 achieving those objectives. Rational Basis Review The most 436 00:26:56,440 --> 00:26:59,920 lenient standard applied to all other classifications. 437 00:27:01,000 --> 00:27:03,800 The government needs only to demonstrate that the law is 438 00:27:03,800 --> 00:27:06,600 rationally related to a legitimate state interest. 439 00:27:07,680 --> 00:27:11,200 A pivotal case for the Equal Protection Clause is Brown V 440 00:27:11,200 --> 00:27:15,560 Board of Education 1954, where the Supreme Court ruled that 441 00:27:15,560 --> 00:27:19,120 racial segregation in public schools was inherently unequal, 442 00:27:19,680 --> 00:27:23,680 thereby overturning the separate but equal doctrine and advancing 443 00:27:23,680 --> 00:27:27,960 the cause of civil rights. Both due process and equal 444 00:27:27,960 --> 00:27:30,400 protection are crucial components of the legal 445 00:27:30,400 --> 00:27:34,040 framework designed to safeguard individual rights and prevent 446 00:27:34,040 --> 00:27:37,280 discrimination. They ensure that government 447 00:27:37,280 --> 00:27:41,360 actions are fair, justified, and respectful of individual 448 00:27:41,360 --> 00:27:43,480 freedoms and equality under the law. 449 00:27:44,640 --> 00:27:48,280 Through landmark rulings and continuous judicial evaluation, 450 00:27:48,760 --> 00:27:52,200 these principles adapt to protect fundamental rights and 451 00:27:52,200 --> 00:27:54,560 respond to changing societal values.