Law Case 1. This brief essay discusses the

According to Chemerinsky (1997), procedural due process implies the availability of "a notice of the charges at issue, the opportunity for a meaningful hearing, and an impartial decisionmaker" and, in certain circumstances, the right to have counsel present (p. 454).

In the 19th century the Supreme Court used the Due Process Clause to protect private property and freedom of contract from state infractions --such as in cases involving "Laws impairing the Obligation of Contracts," U.S. Const., art. I, sec. 9, confiscation of property without compensation and later state regulatory laws. Since 1938 and United States v. Carolene Products Co., 304 U.S. 144 (1938), the Court has used the concept of substantive due process to expand the scope of constitutional protected personal liberties, such as the right of privacy in Griswold v. State of Connecticut, 381 U.S. 479 (1965) and as related to a woman's right to choose to have an abortion in Roe v. Wade, 410 U.S. 113 (1973). It has been used to vindicate the right to free public speech deemed by the Court to be a liberty fundamental to democratic self-government

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iscatory and, therefore, be constitutionally objectionable on due process grounds. This tax does not rise to that level. 3. The Supreme Court is likely to apply 'deferential' or 'rational basis' scrutiny to the Equal Protection challenge of statutory rapists to their inclusion by states in sex crimes registration laws. Statutory rapists are not a 'suspect classification' such as race or ethnicity, discrimination on the basis of which is subjected to 'strict scrutiny' or gender-based discrimination where 'intermediate scrutiny' is applied. Many groups have tried and failed to qualify as members of suspect classifications, such as the poor, the aged, homosexuals, disabled persons, the mentally ill, prisoners, etc. One which partially succeeded was the mentally retarded. In a case involving the latter, Cleburne v. Cleburne Living Center, 473 U.S. 432 (1985), the Court applied a strict scrutiny standard. Some other Equal Protection cases have involved discrimination which had the effect of impacting adversely fundamental constitutional rights, such as the right to free speech, to vote, to marry, to procreate, etc. The right to commit statutory rape is not a fundamental constitutional liberty. In 'deferential' or 'rational basis
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Approximate Word count = 1258
Approximate Pages = 5 (250 words per page)