summarize the following text $"16$a$.$ Due Process

Both the Fifth and the Fourteenth Amendments provide that no person shall be deprived $$of life, liberty, or property, without due process of law.$$ The due process clause of each of these constitutional amendments has two aspects$$procedural and substantive. Note that the due process clause applies to $$legal persons,$$ such as corporations, as well as to individuals.

Procedural Due Process

Procedural due process requires that any government decision to take life, liberty, or property must be made fairly. This means that the government must give a person proper notice and an opportunity to be heard. The government must also use fair procedures in determining whether individuals will be subjected to punishment or have some burden imposed on them.

Fair procedure has been interpreted as requiring that the person have at least an opportunity to object to a proposed action before a fair, neutral decision maker $($who need not be a judge$).$

Example $1\mathrm{.}19$

Doyle, a nursing student in Kansas, poses for a photograph standing next to a placenta used as a lab specimen. Although she quickly deletes the photo from her library, it ends up on Facebook. When the director of nursing sees the photo, Doyle is expelled. She sues for reinstatement and wins. The school violated Doyle$$s due process rights by expelling her from the nursing program for taking a photo without giving her an opportunity to present her side to school authorities.

Substantive Due Process

Substantive due process focuses on the content of the legislation rather than the fairness of the procedures. Substantive due process limits what the government may do in its legislative and executive capacities. Legislation must be fair and reasonable in content and must further a legitimate governmental objective.

If a law or other governmental action limits a fundamental right, the courts will hold that it violates substantive due process unless it promotes a compelling state interest. Fundamental rights include interstate travel, privacy, voting, marriage and family, and all First Amendment rights. Thus, for instance, a state must have a substantial reason for taking any action that infringes on a person$$s free speech rights.

In situations not involving fundamental rights, a law or action does not violate substantive due process if it rationally relates to any legitimate governmental end. It is almost impossible for a law or action to fail the $$rationality$$ test. Under this test, almost any government regulation of business will be upheld as reasonable."