FREE -- Quick and Easy Simulation to Provide Your Students with a Clear Understanding of Both Procedural Due Process and Substantive Due Process of Law!
No materials needed!
This free Due Process of Law Activity includes:
• Introductory explanations to assist teacher
• Detailed step-by-step procedure to do the simulation in class
• Alternatives for use with students who might find elements of the simulation disturbing
• Fundamental Rights worksheet
• Fundamental Rights worksheet answer key
MORE INFORMATION ABOUT THIS FREE DUE PROCESS OF LAW TEACHING RESOURCE:
Each year as my classes read through the U.S. Constitution, we encounter the phrase “due process of law” in both the Fifth and Fourteenth Amendments. Defining due process is pretty simple: the government has to follow its own rules when depriving someone of their life, liberty, or property -- the justice system is not allowed to "make up" new rules that apply just to a particular individual.
Due Process: A Better Definition
But that definition, of course, only provides a surface understanding of due process. In fact, it leaves out half the story since it only deals with what legal experts call "procedural" due process. That's the easy to understand kind of due process, but it's not the only kind. There's also "substantive" due process, which in my experience has been a lot harder for students to grasp.
Being asked to follow rules, after all, is a concept students are well-acquainted with! It only seems sensible that the government should have to follow rules too. Substantive due process, on the other hand, basically deals with freedom itself. Are the laws being enforced ones that violate fundamental constitutional liberties? In other words, does the law itself cross a line that shouldn't be crossed?
So that's another reason why so many times people only think of the procedural variety when the phrase "due process of law" crops up. To truly grasp how substantive due process is applied in the courts to test laws, you have to first master what rights are considered to be those "fundamental constitutional liberties."
Don't Put the Cart Before the Horse!
Really, though, you can communicate the concept of what substantive due process is without getting into the minutiae of fundamental rights -- and that's how I like to start. It's really easy, too, building on students' own experiences! Even better, this quick and easy due process simulation actually gets students to comprehend the basic nature of both procedural and substantive due process!
If you teach government, civics, law, or related subjects, then please help yourself to this free due process of law worksheet and simulation resource. Hopefully, it will help your students master procedural vs. substantive due process like never before!