Judicial Review and Due Process Analysis

The video tutorial explores the concept of substantive due process, focusing on its application in economic liberties and individual privacy. It examines the Fifth and Fourteenth Amendment due process clauses, highlighting their procedural guarantees and the debate over substantive rights. The tutorial discusses different interpretations of these rights, including the natural law view and the structuralist perspective. A case study of Calder v. Bull illustrates these differing judicial opinions. The video concludes with an analysis of the scope of judicial review and the ongoing debates about judicial activism.

What is the primary focus of the Supreme Court's substantive due process as discussed in the introduction?

• Economic liberties and individual privacy

• Criminal law and punishment

• Environmental regulations

• International trade

Which amendments contain the due process clauses discussed in the video?

• First and Second Amendments

• Fifth and Fourteenth Amendments

• Third and Fourth Amendments

• Tenth and Eleventh Amendments

How are the due process clauses in the Fifth and Fourteenth Amendments often interpreted?

• As only providing procedural guarantees

• As conferring substantive rights

• As only applicable to state laws

• As irrelevant to modern law

What does the structural and procedural view of the Constitution emphasize?

• Judicial activism

• Pre-existing natural rights

• Legislative enactments and common law

• Enumerated individual rights

According to the natural rights perspective, what do the due process clauses reflect?

• Procedural guarantees only

• Pre-existing substantive rights

• State rights over federal rights

• Judicial limitations

What was the main issue in the Calder v. Bull case?

• A conflict over international treaties

• A debate on state versus federal powers

• A challenge to federal tax laws

• A dispute over a legislative act affecting a will

Which justice's opinion in Calder v. Bull reflected the natural law view?

• Justice Arendelle

• Justice Chase

• Justice Marshall

• Justice Holmes

What does Justice Arendelle's view suggest about judicial review?

• It should be broad and based on general principles

• It should be narrow and focused on structural matters

• It should be abolished

• It should be based on public opinion

How do the differing views of Justices Chase and Arendelle relate to the role of the court?

• They both support broad judicial review

• Arendelle supports broader review, Chase supports narrower review

• They both oppose judicial review

• Chase supports broader review, Arendelle supports narrower review

What is a modern implication of the debates on judicial perspectives discussed in the video?

• Uniform agreement on judicial roles

• Abolition of the Supreme Court

• Ongoing debates about judicial activism

• Increased focus on international law