AJ 025 Lecture Notes - Lecture 29: New London, Connecticut, Rational Basis Review, Due Process
Document Summary
Another right guaranteed by the fifth amendment but the national. The 5th amendment states that an individual shall not: government is that of due process. Be deprived of life, liberty, or property without due process of the law. Due process by the state governments is guaranteed by the fourteenth. There are two types of due process: substantive due process and procedural due process. Substantive due process involves the content or meat of the law of governmental action. If the issue is simply economic the rational basis test is utilized. If the government can show a rational relation for the legislation to a legitimate government interest, then the legislation provides substantive due process. This test is easily satisfied and governments normally have no problem satisfying this test in the area of business regulation of wages, unfair competition, etc. If an individuals fundamental rights, for example any of the first.