Procedural Due Process
Procedural due process is a constitutional requirement under the Fifth and Fourteenth Amendments that the government must provide fair procedures, typically notice and an opportunity to be heard, before depriving a person of life, liberty, or property.
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Exam Tip
Procedural DP = "How must government act?" Use Mathews 3-factor balancing: (1) private interest, (2) risk of error, (3) government burden.
What is Procedural Due Process?
Procedural due process requires that when the government deprives a person of life, liberty, or property, it must do so through fair procedures. The core requirements are notice and a meaningful opportunity to be heard.
The Two-Step Analysis
| Step | Question |
|---|---|
| Step 1 | Is there a protected liberty or property interest? |
| Step 2 | What procedures are required? (Mathews balancing) |
Mathews v. Eldridge Balancing Test (1976)
| Factor | Consideration |
|---|---|
| Private Interest | Importance of the interest to the individual |
| Risk of Error | Likelihood current procedures produce wrong results |
| Government Interest | Burden/cost of additional procedures |
Landmark Cases
- Goldberg v. Kelly (1970): Welfare benefits require pre-termination hearing
- Mathews v. Eldridge (1976): Established balancing test
- Goss v. Lopez (1975): Students have property interest in education
- Loudermill (1985): Tenured public employees entitled to pre-termination hearing