Jonah Patel
The Due Process Clause is found in the Fifth and Fourteenth Amendments to the United States Constitution, which prohibit the federal and state governments from depriving citizens of life, liberty, or property without due process of law. The Supreme Court has interpreted these clauses to guarantee a variety of protections, including procedural due process, substantive due process, and equal protection under the law. The inclusion of the Due Process Clause in the Constitution was influenced by the Magna Carta, which established the principle that the government should be limited in its decision-making to protect private individuals.
| Characteristics | Values |
|---|---|
| Location in the Constitution | Fifth and Fourteenth Amendments |
| Purpose | Prohibit the deprivation of "life, liberty, or property" without due process of law |
| Interpretation | Supreme Court interprets the clauses to guarantee protections such as procedural due process, substantive due process, equal protection, and more |
| Historical Basis | Influenced by the Magna Carta, which stated that "no free man shall be arrested or imprisoned...except by lawful judgment of his peers or by the law of the land" |
| State vs Federal Government | The Fifth Amendment constrains the federal government, while the Fourteenth Amendment constrains state governments |
| Procedural Due Process | Focuses on the procedures the government must follow in criminal and civil matters |
| Substantive Due Process | Related to rights that citizens have from government interference, such as privacy and freedom from unreasonable searches |
| Unenumerated Rights | The Fourteenth Amendment's Due Process Clause has been used to protect unenumerated rights, such as the right to privacy |
| Fundamental Fairness | The government must demonstrate "fundamental fairness" in its actions, protecting citizens from unjust deprivation of interests |
| Hearing Requirements | Persons holding interests protected by the clause are entitled to "some kind of hearing", which includes notice, an opportunity to be heard, and an impartial tribunal |
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What You'll Learn
The Fifth Amendment
The Due Process Clause in the Fifth Amendment provides:
> No person shall ... be deprived of life, liberty, or property, without due process of law.
The Supreme Court has interpreted the Due Process Clauses in the Fifth and Fourteenth Amendments identically, protecting citizens when the government deprives them of life, liberty, or property, and limiting the government's arbitrary exercise of its powers. This interpretation has evolved over time, with the Supreme Court using the clause as a basis for various unenumerated privacy rights.
- Goldberg v. Kelly (1970): The Court found that before a state terminates a welfare recipient's benefits, it must provide a full hearing, as required by the Due Process Clause.
- Hurtado v. California (1884): The Court interpreted the Due Process Clause in the Fourteenth Amendment as referring to the "law of the land."
- Chicago, Burlington & Quincy Railroad Company v. City of Chicago (1897): The Court incorporated the Fifth Amendment's Takings Clause into the Fourteenth Amendment, applying the same limitations on the states as the Bill of Rights.
- Griswold v. Connecticut (1965): The Court held that the criminal prohibition of contraceptive devices for married couples violated unenumerated privacy rights, which could be inferred from the "penumbras" or "shadowy edges" of certain amendments.
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The Fourteenth Amendment
The Due Process Clause of the Fourteenth Amendment has been the subject of much debate and interpretation, with the Supreme Court playing a significant role in shaping its meaning and scope over time. The Court has determined that due process requires, at a minimum, notice, an opportunity to be heard, and an impartial tribunal.
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Procedural due process
The Due Process Clause is found in the Fifth and Fourteenth Amendments to the United States Constitution. The Fifth Amendment protects citizens from the federal government, while the Fourteenth Amendment extends those protections to state governments. The Due Process Clause guarantees that the government must follow certain procedures before depriving an individual of their life, liberty, or property. This is known as procedural due process.
In criminal procedures, the court looks at whether the government's procedure is offensive to the notion of fundamental fairness. This analysis is more narrow than in civil procedures, where the courts balance private interests, the government's public interest, and the possibility of erroneous deprivation of private interests.
The Supreme Court has interpreted the Due Process Clause to include unenumerated rights, such as the right to privacy. In the 1965 case of Griswold v. Connecticut, the Court struck down state bans on contraception for married couples, finding that the right to privacy could be inferred from the "penumbras" or shadowy edges of certain amendments.
The Due Process Clause also allows for flexibility in state governments. It does not require de novo judicial review of agency proceedings and does not prohibit states from conferring judicial functions on non-judicial bodies.
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Substantive due process
The concept of substantive due process first emerged in the 19th and 20th centuries as courts began to interpret the due process clause more broadly to protect fundamental rights beyond mere procedural guarantees. The first case to explicitly use the term "substantive due process" was in 1930s legal casebooks, and by 1952, Supreme Court opinions had mentioned it twice. During the Lochner Era (c. 1897-1937), the Supreme Court used substantive due process to strike down minimum wage and labour laws, protecting freedom of contract. However, in 1937, the Supreme Court rejected this interpretation in West Coast Hotel v. Parrish, allowing Washington to implement a minimum wage for women and minors.
The Supreme Court's authority to enforce unenumerated rights under substantive due process has been questioned, and critics argue that such decisions should be left to politically accountable branches of government. Nonetheless, substantive due process remains a significant aspect of Constitutional Law, safeguarding individual liberties from government overreach.
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Privacy rights
The Due Process Clause is found in the Fifth and Fourteenth Amendments to the United States Constitution. The Fifth Amendment protects citizens from the federal government, while the Fourteenth Amendment extends those protections to the state governments. The clauses prohibit the deprivation of "life, liberty, or property" without due process of law.
While privacy is not explicitly mentioned in the Constitution, it has been interpreted as a fundamental right protected by the Due Process Clause. In Griswold v. Connecticut (1965), the Supreme Court held that criminal prohibition of contraceptive devices for married couples violated federal, judicially enforceable privacy rights. The Court found that the right to privacy could be inferred from the "penumbras", or shadowy edges, of certain amendments that refer to privacy rights. This includes the First Amendment's right to assembly, the Third Amendment's right to be free from quartering soldiers during peacetime, and the Fourth Amendment's right to be free from unreasonable searches of the home.
The Supreme Court has continued to use the Due Process Clause as a basis for various unenumerated privacy rights. For example, in the wake of Griswold, the Court expanded substantive due process jurisprudence to protect a range of liberties, including the right of interracial couples to marry (1967), the right of unmarried individuals to use contraception (1972), the right to abortion (1973), the right to engage in intimate sexual conduct (2003), and the right of same-sex couples to marry (2015).
The interpretation and application of the Due Process Clause have evolved over time, with the Supreme Court elaborating significantly on its core understanding. The rights protected under the Due Process Clause can be categorized into three main groups: procedural due process, individual rights listed in the Bill of Rights, and substantive due process. Procedural due process refers to the procedures the government must follow before depriving an individual of life, liberty, or property. This typically includes notice, an opportunity to be heard, and an impartial tribunal. Individual rights listed in the Bill of Rights include freedom of speech, freedom of religion, the right to bear arms, and various criminal procedure protections. Substantive due process, meanwhile, encompasses fundamental rights not specifically enumerated elsewhere in the Constitution, such as the right to marry, the right to use contraception, and the right to abortion.
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Frequently asked questions
The Due Process Clause is found in the Fifth and Fourteenth Amendments to the United States Constitution.
The Due Process Clause in the Fifth Amendment states that no person shall be deprived of life, liberty, or property without due process of law.
The Due Process Clause in the Fourteenth Amendment also states that no person shall be deprived of life, liberty, or property without due process of law, but it applies only to state governments.
The principle that the government should be limited in how it makes decisions detrimental to its citizens is old in Anglo-American law. The Magna Carta, issued in 1215, provided that no free man shall be arrested or imprisoned except by lawful judgment of his peers or by the law of the land. This concept influenced the drafters of the Due Process Clause in the Fifth Amendment.
