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Government-protected rights of individuals against arbitrary or discriminatory treatment
Personal guarantees and freedoms that government cannot abridge, by law or judicial interpretation
Bill of Rights
First 10 amendments to the Constitution, containing specific guarantees
- "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
- This special listing of rights does not mean that others don't exist.
Powers not delegated to the national government are reserved to the states or to the people.
Procedural Due Process
- Says that procedures that are written in law are fair or that they are followed fairly.
- In order to show a procedural due process claim, one must prove there was an impact on life, liberty, or the pursuit of property.
Substantive Due Process
If government laws are arbitrary or unjust.
- An interpretation of the Constitution that holds that the due process clause of 14th Amendment requires that state and local governments also guarantee those rights.
- Gitlow v. New York (1925)