They distinguish procedural due process (how the government acts) from substantive due process (whether it can act at all), explaining why these terms constantly trip people up. They explore why accuracy isn't the only value—legitimacy and dignity matter even when the government gets the right answer. Through examples like welfare terminations and driver's license suspensions, they examine who bears the cost when government makes mistakes and why the timing of process matters as much as the amount of process.
Gwen and Marc discuss Goldberg v. Kelly and Justice Brennan's recognition that cutting someone off from the means of survival while they wait for an appeal isn't just harsh—it undermines their ability to fight back. They also introduce the critical threshold question that controls everything: Does this action even count as a deprivation of life, liberty, or property? If not, the Constitution has nothing to say about it.
They Cover
• The difference between procedural and substantive due process
• Why legitimacy matters even when outcomes are correct
• How risk allocation determines who pays for government mistakes
• The timing problem: pre-deprivation versus post-deprivation hearings
• Goldberg v. Kelly and welfare benefit terminations
• Real-world examples: Social Security, driver's licenses, nursing licenses
• The threshold question: What counts as life, liberty, or property?
Featured Cases
• Goldberg v. Kelly (1970)
• Fuentes v. Shevin (1972)