Q1.Joshua
DeShaney argued that the Due Process Clause of the Fourteenth
Amendment required that the state provide him affirmative protection
from his father's abuse. The Supreme Court disagreed with this
argument based on a general proposition of Fourteenth Amendment
jurisprudence. What is that general principle? (Choose the
best answer)
The Due Process Clause provides a limitation on state power, but it does
not require states to provide affirmative protection of "life, liberty, and
property" from encroachment by private actors.
The Due Process Clause prohibits state deprivation of "life," not health.
Because Joshua did not die, there was no Fourteenth Amendment
violation.
The Fourteenth Amendment requires a special relationship between the
state and the individual demanding protection, and no such relationship
existed in this case.
Because states are sovereign bodies, the Court cannot dictate how they
manage their child abuse protection systems.
Question 1
