Due Process
Constitutional Law · Lesson 04
Due Process
這一課問的是：政府是否未依正當程序剝奪 P 之生命、自由、或財產 — 程序上或實質上？
Actor
Act
Object
Standard
Consequence
Visual Scene · the picture in your head
Issue. Did the government deprive P of life, liberty, or property without due process — procedurally or substantively?
這一課問的是：政府是否未依正當程序剝奪 P 之生命、自由、或財產 — 程序上或實質上？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
procedural due process
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Notice + opportunity to be heard before deprivation.
程序正當程序。
substantive due process
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Limit on government's power to act regardless of procedures.
實質正當程序。
Mathews v. Eldridge
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Balancing test for what process is due.
Mathews 衡平。
fundamental right
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Right requiring strict scrutiny if infringed.
根本權利。
strict scrutiny
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Narrowly tailored to compelling government interest.
嚴格審查。
rational basis
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Rationally related to legitimate government interest.
合理依據。
liberty/property interest
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Threshold trigger for procedural DP.
自由/財產權益。
Issue · what this lesson is really about
Did the government deprive P of life, liberty, or property without due process — procedurally or substantively?
這一課問的是：政府是否未依正當程序剝奪 P 之生命、自由、或財產 — 程序上或實質上？
Trigger words & phrases that should flag this issue:
noticehearingproceduralsubstantivefundamental rightliberty interest
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| Identify deprivation | Government deprived P of [liberty/property interest]. | 政府剝奪 P 之 [自由/財產權益]。 |
| Apply Mathews | Process due is balance: (1) private interest, (2) risk of error and value of additional safeguards, (3) government interest. | 程序衡平三因素。 |
| Apply substantive scrutiny | Strict scrutiny applies to infringement of fundamental rights; rational basis to others. | 根本權利嚴格審查；其他合理依據。 |
| State result | The deprivation violated (or satisfied) due process. | 本剝奪違反（或滿足）正當程序。 |
Rule Sentence · the workhorse
Government may not deprive a person of life, liberty, or property without due process of law; procedural due process requires notice and an opportunity to be heard, calibrated under the Mathews v. Eldridge balancing test, while substantive due process limits government power to infringe fundamental rights without satisfying strict scrutiny.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人government政府
Act 行為depriving a person of an interest剝奪利益
Object 對象life, liberty, or property生命、自由、財產
Standard 法律標準procedural (Mathews) + substantive (scrutiny tiers)程序衡平 + 實質審查層級
Consequence 後果deprivation valid or void剝奪有效或無效
Casebook Snapshot · a real American case
Mathews v. Eldridge
Holding. The process due before termination of Social Security disability benefits is determined by balancing (1) the private interest affected, (2) the risk of erroneous deprivation through the procedures used and the value of additional safeguards, and (3) the government's interest, including administrative burdens. A pre-termination evidentiary hearing was not required; a paper review was sufficient.
Why it matters. Mathews supplies the universal procedural-due-process balancing test. The factors flex up or down with the stakes.
Mathews 三因素衡平為程序 DP 之通用測試。
Common Mistakes · what trips students
✗ 「due process」只指程序。
✓ DP has procedural AND substantive components.
DP 兼具程序與實質。
✗ 所有 government 剝奪都需 hearing。
✓ Threshold of life/liberty/property interest required.
須具備自由/財產利益門檻。
✗ rational basis 容易過關 = 永遠合憲。
✓ Animus-based laws may fail RB.
懷有歧視之法可不過。
Mini IRAC · build the Application
Issue. Did the State violate procedural due process when it terminated a tenured public employee without a pre-termination hearing, after which a thorough post-termination hearing was provided?
Rule. Procedural due process requires notice and an opportunity to be heard, calibrated under the Mathews v. Eldridge balancing test.
Application (model). The State terminated a tenured employee without any pre-termination opportunity to respond, though it provided extensive post-termination review. Because Mathews requires the court to weigh the private interest (continued employment), the risk of erroneous deprivation absent pre-termination procedures, and the government's interest in efficient employment management, the fact that loss of livelihood is significant and a pre-termination opportunity to respond is minimally burdensome means the State's interests do not outweigh the risk of error.
Pick the right element for each blank:
g1.
g2.
g3.
Conclusion. Therefore, the lack of any pre-termination opportunity to respond violated procedural due process.
MBE Check · multiple choice
A state law forbids married couples from using contraceptives. P challenges. Which level of scrutiny applies?
Mini Essay · write the Application paragraph
Facts. A state statute requires that any public-school student suspended for more than five days be afforded notice of charges, opportunity to be heard, and counsel before suspension. School District X suspends 10th-grader S for 30 days for alleged vandalism, with no notice, no hearing, and no counsel.
Call. Does the suspension violate procedural due process?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: