Introduction to Due Process

CASE FACTS Question Outcome Grant Limit MAJORITY RATIONALE DISSENT STANDARD OF STANDARD
RATIONALE REVIEW OF REVIEW
(MAJORITY) (DISSENT)
Chicago v. Chicago, Burlington & Quincy Railroad 1. Does the 14th State State Due The requirement of
City of Co. v. City of Chicago, 166 U.S. 226 Amendment Due Loses Police Process due process of law
Chicago 166 (1897), incorporated the takings clause Process Clause limit Power Clause in is not necessarily
US 226 of the 5th amendment into the due the City of Chicago’s 14th fulfilled…merely by
process clause of the 14th amendment power to take private amendmen giving due notice…
by requiring states to provide just property? t since what is due
compensation for seizing private (incorporati process is to be
property. This was the first supreme ng Takings determined by
court case that incorporated an Clause in substance, and not
amendment of the Bill of Rights. Prior to fifth by form.
this case, the Bill of Rights was amendmen
considered to only apply to the Federal t)
government.
Lochner v. In 1895, the New York Legislature 1. Can the State of State loses State 14th Peckham argued that
State of NY unanimously enacted the Bakeshop Act, New York enact a law Police amendmen the police power was
198 US 45 which regulated sanitary conditions in that limits the Power t subject to certain
bakeries and also prohibited individuals amount of hours a limitations;
from working in bakeries for more than baker can work? otherwise, he
ten hours per day or sixty hours per claimed, the
week. In 1899, Joseph Lochner, owner of Fourteenth
Lochner's Home Bakery in Utica, was Amendment would
indicted on a charge that he violated the be meaningless, and
one hundred and tenth section of article states would be able
8, chapter 415, of the Laws of 1897, in to pass any law using
that he wrongfully and unlawfully the police power as a
required and permitted an employee pretext. He asserted
working for him to work more than sixty that it was the court's
hours in one week and was fined $25. duty to determine
For a second offense in 1901, he drew a whether legislation is
fine of $50 from the Oneida County "a fair, reasonable
Court. and appropriate
exercise of the police
power of the State, or
... an unreasonable,
 unnecessary and
arbitrary interference
with the right of the
individual ... to enter
into those contracts
in relation to labor
which may seem to
him appropriate."
Muller v. Muller v. Oregon, 208 U.S. 412 (1908), 1. Can the State of State wins State No Limit The Court did not Any rational
State of was a landmark decision in United States Oregon enact a law Police overrule Lochner, but basis.
Oregon 208 Supreme Court history, as it justifies limiting work hours Power instead distinguished
US 412 both sex discrimination and usage of for women? it on the basis of "the
labor laws during the time period. The difference between
case upheld Oregon state restrictions on the sexes." The child-
the working hours of women as justified bearing physiology
by the special state interest in protecting and social role of
women's health. women provided a
Curt Muller, the owner of a laundry strong state interest
business, was convicted of violating in reducing their
Oregon labor laws by making a female working hours.
employee work more than ten hours in a
single day. Muller was fined $10. Muller
appealed to the Oregon Supreme Court
and then to the U.S. Supreme Court,
both of which upheld the
constitutionality of the labor law and
affirmed his conviction.
Adkins v. In 1918, Congress passed a law setting 1. Can Congress pass No. Art. I Fifth federal minimum
Children’s minimum wages for women and children a law that sets a Congress amendmen wage legislation for
Hospital 261 in the District of Columbia. As in other minimum wage for loses t women was an
US 525 cases, the question was one of balancing women workers? unconstitutional
the police power of Congress to regulate infringement of
health and safety with the right of liberty of contract, as
individuals to conduct their own affairs protected by the due
without legislative interference. process clause of the
Children's Hospital and a female elevator Fifth Amendment.
operator at a hotel brought this case to
prevent enforcement of the act by Jesse
C. Adkins and the two other members of
a wage board.
Meyer v. Nebraska enacted a statute called "An In his decision, Justice Strict
State of act relating to the teaching of foreign McReynolds stated scrutiny
Nebraska languages in the state of Nebraska," that the "liberty"
262 US 390 commonly known as the Siman Act. It protected by the Due
imposed restrictions on both the use of a Process clause
foreign language as a medium of "[w]ithout
instruction and on foreign languages as a doubt...denotes not
subject of study. merely freedom from
bodily restraint but
also the right of the
individual to contract,
to engage in any of
the common
occupations of life, to
acquire useful
knowledge, to marry,
establish a home and
bring up children, to
worship God
according to the
dictates of his own
conscience, and
generally to enjoy
those privileges long
recognized at
common law as
essential to the
orderly pursuit of
happiness by free
men."

He allowed that
wartime
circumstances might
justify a different
understanding, but
that Nebraska had
not demonstrated
sufficient need "in
 time of peace and
domestic tranquility"
to justify "the
consequent
infringement of rights
long freely enjoyed."

Pierce v. On November 7, 1922, the voters of 1. Can the State of State State Due By its very nature, the
Society of Oregon passed an initiative amending Oregon prohibit Loses police Process traditional American
the Sisters Oregon Law Section 5259, the children from power Clause of understanding of the
268 US 510 Compulsory Education Act. The citizens' attending private the term liberty
initiative was primarily aimed at schools? Fourteenth prevented the state
eliminating parochial schools, including Amendmen from forcing students
Catholic schools. t to accept instruction
only from public
This decision marked the beginning of a schools. He stated
period of more liberal interpretation of that this
due process; specifically, the Court responsibility
recognized consciously that it had belonged to the
allowed the Fourteenth Amendment to child's parents or
apply to entities other than individuals, guardians, and that
and had broadened the list of liberties or the ability to make
rights which it protected. Over the such a choice was a
course of the next half century, that list "liberty" protected by
would be extended to include the right the Fourteenth
to marry, to have children, to marital Amendment.
privacy, to have an abortion, and others.

The incorporation of the Bill of Rights (or incorporation for short) is the process by which American courts have applied portions of the U.S. Bill of Rights to the states. Prior to the 1890s, the Bill of Rights was
held only to apply to the federal government. Under the incorporation doctrine, most provisions of the Bill of Rights now also apply to the state and local governments, by virtue of the due process clause of
the Fourteenth Amendment of the Constitution.

Prior to the ratification of the Fourteenth A

Barron v. John Barron co-owned a profitable wharf 1. Does the taking Individual State No limit
City of in the Baltimore harbor. He sued the clause of the fifth loses Power
Baltimore 32 mayor of Baltimore for damages, amendment require
US 243 claiming that when the city had diverted the City of Baltimore
the flow of streams while engaging in to provide John
street construction, it had created Barron with just
mounds of sand and earth near his compensation for
wharf making the water too shallow for taking his land?
most vessels. The trial court awarded
Barron damages of $4,500, but the
appellate court reversed the ruling.
NY v. Miln  New York statute required masters of 1. Can the state of State wins State No limit Interstate commerce
36 US 102 incoming ships to report information on New York enact a law Power clause did not apply
all passengers they brought into the
requiring ships to because Congress had
country, i.e. age, health, last legal
residence, etc report information? not enacted any law
that conflicted with
the NY law.
Commerce clause
does not give
Congress exclusive
power to regulate
commerce.
Dred Scott Scott sued his master in federal court 1. Can a slave sue in Plaintiff
v. Sanford demanding his freedom in accordance to federal court? loses The Court held that
Scott was not a
60 US 393 the laws of the Wisconsin Territories and
"citizen of a state"
the Missouri Compromise. within the meaning of
the United States
Constitution, as that
term was understood
at the time the
Constitution was
adopted, and
therefore not able to
bring suit in federal
court. Furthermore,
whether a person is a
citizen of a state, for
Article III purposes,
was a question to be
decided by the federal
courts irrespective of
any state's definition
of "citizen" under its
own law.
Home In 1933, in response to a large number 1. Can the state of State wins State Article I, The Supreme Court Any rational
Building v. of home foreclosures, Minnesota, like Minnesota pass a law police section upheld the statute, basis
10, reasoning that the
Blaisdell 290 many other states at the time,[4] modifying the terms power
clause 1. emergency conditions
US 398 extended the time available for of private contracts? created by the Great
mortgagors to redeem their mortgages (aka The
Depression "may
from foreclosure. The extension had the Contract justify the exercise of
effect of enlarging the mortgagor's Clause) [the State's]
estate contrary to the terms of the continuing and
(Limit dominant protective
contract.
Rejected power
) notwithstanding
The Contract Clause prohibits states interference with
from enacting any law that retroactively contracts."[5] Blaisdell 
impairs contract rights. The Contract was the first time the
Clause applies only to state legislation, court extended the
emergency exception
not court decisions.
to purely economic
emergencies.
O Gorman v. Statute limiting agent's commission on
Hartford 282 fire policy to reasonable amount, not
US 251 exceeding that paid other local agents,
held not void as denial of due process.
Nebbia v. the state of New York established a Milk Does the State of State wins State None In absence of other Any Rational
People 291 Control Board that was empowered to New York have the Police constitutional Basis
US 502 set maximum and minimum retail prices. power to regulate the Power prohibitions, the due
price of milk? process clause does
not prohibit a state
from enacting
economic policies to
further the public
good, so long as the
policy is not
unreasonable or
arbitrary.
West Coast West Coast Hotel Co. v. Parrish, 300 U.S. Can the state of State wins State None Washington's Any rational
Hotel v. 379 (1937), was a decision by the United Washington enact a Police minimum wage law basis
Parrish 300 States Supreme Court upholding the law that sets a Power for women was a
US 379 constitutionality of minimum wage minimum wage for valid regulation of the
legislation enacted by the State of women? right to contract
Washington, overturning an earlier freely because of the
decision in Adkins v. Children's Hospital, state's special interest
261 U.S. 525 (1923). The decision is in protecting their
 usually regarded as having ended the health and ability to
Lochner era, a period in American legal support themselves.
history during which the Supreme Court
tended to invalidate legislation aimed at
regulating business
US v. The case dealt with a federal law that Can Congress pass a Yes. Commer The Filled Milk Act did Any rational
Carolene prohibited filled milk (skimmed milk law regulating milk Congress ce not exceed the power basis.
304 US 144 compounded with any fat or oil other production and its wins. clause of Congress to
than milk fat, so as to resemble milk or contents? regulate interstate
cream) from being shipped in interstate commerce, or violate
commerce. The defendant argued that due process under
the law was unconstitutional on both the Fifth Amendment.
Commerce Clause and due process
grounds.