Due Process: Understanding Your Constitutional Rights

Due process, as defined by the US Constitution, is a concept found in the Fifth Amendment, which states that no one shall be deprived of life, liberty or property without due process of law by the federal government. The Fourteenth Amendment, ratified in 1868, extends this obligation to the states, guaranteeing that all US citizens are afforded their right to due process regardless of gender, race, or religion. Due process applies to both civil and criminal matters and requires that legal matters be resolved according to established rules and principles, ensuring individuals are treated fairly. This includes the right to a speedy and fair trial, the right to an attorney, and the right to know the charges and evidence against them.

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Procedural due process

Due process, or due process of law, is a concept found in the Fifth Amendment to the US Constitution, which states that no one shall be "deprived of life, liberty or property without due process of law" by the federal government. The Fourteenth Amendment, ratified in 1868, uses the same wording, known as the Due Process Clause, to extend this obligation to the states.

The specific procedures guaranteed by the US Constitution may depend on the nature of the matter in question and the individual's circumstances. Procedural due process applies to both criminal and civil matters.

Some of the procedures that might be claimed in a "due process" argument include:

• Notice of the proposed action and the grounds asserted for it
• Opportunity to present reasons why the proposed action should not be taken
• The right to present evidence, including the right to call witnesses
• The right to know opposing evidence
• The right to cross-examine adverse witnesses
• A decision based exclusively on the evidence presented
• Opportunity to be represented by counsel
• Requirement that the tribunal prepare a record of the evidence presented and written findings of fact and reasons for its decision

Substantive due process

Due process, as defined by the US Constitution, refers to the concept found in the Fifth Amendment, which states that no one shall be "deprived of life, liberty or property without due process of law" by the federal government. The Fourteenth Amendment, ratified in 1868, uses the same eleven words, known as the Due Process Clause, to extend this obligation to individual states.

The distinction between substantive and procedural due process arises from the words "of law" in the phrase "due process of law". Procedural due process protects individuals from the coercive power of the government by ensuring that adjudication processes, under valid laws, are fair and impartial. This includes protections such as sufficient and timely notice of why a party is required to appear before a court, the right to an impartial trier of fact and law, and the right to give testimony and present relevant evidence.

In contrast, substantive due process protects individuals against majoritarian policy enactments that exceed the limits of governmental authority. It has been interpreted to include things such as the right to work in an ordinary job, to marry, and to raise one's children. The Supreme Court's first foray into defining which government actions violate substantive due process was during the Lochner Era, in Lochner v. New York (1905). The Supreme Court found a New York law regulating the working hours of bakers to be unconstitutional, ruling that the public had an entitlement to keep their jobs.

In subsequent years, the Supreme Court rejected the Lochner Era's interpretation of substantive due process in West Coast Hotel v. Parrish (1937) by allowing Washington to implement a minimum wage for women and minors. Following Carolene Products (1938), the Supreme Court has determined that fundamental rights protected by substantive due process are those deeply rooted in US history and tradition, viewed in light of evolving social norms. These rights are not explicitly listed in the Bill of Rights but are the penumbra of certain Amendments that refer to or assume the existence of such rights.

The Fifth Amendment

Due process primarily refers to the concept found in the Fifth Amendment to the US Constitution, which says that no one shall be "deprived of life, liberty or property without due process of law" by the federal government. The Fourteenth Amendment, ratified in 1868, uses the same wording, extending this obligation to the states.

Procedural due process refers to the constitutional requirement that when the government acts in a way that denies a person of life, liberty, or property interest, the person must be given notice, the opportunity to be heard, and a decision by a neutral decision-maker. The government must also demonstrate that there is an articulated standard of conduct for their actions with sufficient justification. The requirements, called "fundamental fairness," protect people from unjust or undue deprivation of interest.

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The Fourteenth Amendment

The Due Process Clause of the Fourteenth Amendment has been construed by the Court to provide protections similar to those of the Fifth Amendment's Due Process Clause. While the Fifth Amendment applies to federal government actions, the Fourteenth Amendment binds the states. The Fourteenth Amendment's Due Process Clause guarantees procedural due process, meaning that state governments must follow certain procedures before depriving a person of life, liberty, or property. This has been interpreted to include a requirement of notice, an opportunity to be heard, and an impartial tribunal.

The Court has also construed the Clause to protect substantive due process, holding that there are certain fundamental rights that the government may not infringe upon, even if it provides procedural protections. Substantive due process has been interpreted to include rights such as the right to work, marry, and raise children. The Fourteenth Amendment's Due Process Clause has been used to strike down state laws infringing upon these rights.

Due process in civil and criminal matters

Due process is a requirement that legal matters be resolved according to established rules and principles, and that individuals be treated fairly. Due process applies to both civil and criminal matters.

The Fifth Amendment to the US Constitution, ratified in 1788, states that no one shall be "deprived of life, liberty or property without due process of law" by the federal government. The Fourteenth Amendment, ratified in 1868, uses the same eleven words, known as the Due Process Clause, to extend this obligation to the states. These amendments guarantee due process to all persons located within the United States.

Procedural due process refers to the constitutional requirement that when the government acts in a way that denies a person of life, liberty, or property interest, the person must be given notice, the opportunity to be heard, and a decision by a neutral decision-maker. The government must also demonstrate that there is an articulated standard of conduct for their actions with sufficient justification. The procedures guaranteed by the US Constitution may depend on the nature of the subject matter and each individual’s circumstances.

Procedural due process has been an important factor in the development of the law of personal jurisdiction, and a significant portion of US constitutional law is directed at what kinds of connections to a state are enough for that state to take away a person's property.

Substantive due process is a principle allowing courts to protect certain fundamental rights from government interference, even if procedural protections are present or the rights are not specifically mentioned elsewhere in the US Constitution. For example, substantive due process determines whether a law violates constitutional protections, and the Supreme Court has interpreted the term "liberty" in the Due Process Clauses broadly to include the full range of conduct which the individual is free to pursue.

The Due Process Clause of the Fourteenth Amendment has been the source of an array of constitutional rights, including many of the most cherished and most controversial.

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