Malcolm Rivera
The Fifth and Fourteenth Amendments to the US Constitution guarantee due process. The Fifth Amendment, which applies to federal government actions, states that no person shall be deprived of life, liberty, or property without due process of law. The Fourteenth Amendment, ratified in 1868, extends this obligation to the states, guaranteeing that no state may deprive any person of life, liberty, or property without due process of law. The Supreme Court has interpreted the Due Process Clause of these amendments to include protections such as procedural due process, substantive due process, and equal protection under the law.
| Characteristics | Values |
|---|---|
| Amendment number | Fourteenth Amendment |
| Purpose | To extend liberties and rights granted by the Bill of Rights to formerly enslaved people |
| Notable cases | Brown v. Board of Education (racial discrimination), Roe v. Wade (reproductive rights), Bush v. Gore (election recounts), Reed v. Reed (gender discrimination), University of California v. Bakke (racial quotas in education) |
| Rights guaranteed | Procedural protections, such as notice and a hearing before termination of entitlements |
| Individual rights listed in the Bill of Rights, including freedom of speech, free exercise of religion, the right to bear arms, and a variety of criminal procedure protections | |
| Fundamental rights that are not specifically enumerated elsewhere in the Constitution, including the right to marry, the right to use contraception, and the right to abortion | |
| No person shall be deprived of life, liberty, or property without due process of law | |
| No person shall be denied equal protection of the laws | |
| No person shall be held to answer for a capital or infamous crime without a grand jury indictment | |
| No person shall be subject to double jeopardy | |
| No person shall be compelled to be a witness against himself or herself | |
| No person shall be deprived of life, liberty, or property without due process of law | |
| No private property shall be taken for public use without just compensation |
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Procedural protections
The Fifth and Fourteenth Amendments of the US Constitution guarantee due process to all persons located within the United States. The Fifth Amendment 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, prohibiting the deprivation of "life, liberty, or property" without due process of law.
Procedural due process refers to the constitutional requirement that when the government acts in a manner 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. This protection extends to state prisoners who may be transferred involuntarily to a state mental hospital for treatment, with procedural protections including written notice of the transfer, an adversary hearing before an independent decision-maker, written findings, and effective and timely notice of such rights. Procedural due process requires fair procedures and fundamental fairness, protecting people from unjust or undue deprivation of interest.
The specific procedures guaranteed by the US Constitution may depend on the nature of the subject matter and each individual's circumstances. In civil contexts, courts balance private interests, the government's public interest, and the possibility of the government procedure's erroneous deprivation of private interest. In criminal procedures, the court looks at whether the procedure adopted by the government is offensive to the notion of fundamental fairness.
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Individual rights
The Fourteenth Amendment to the US Constitution, ratified in 1868, guarantees "due process of law" and extends this obligation to individual US states. The amendment states that:
> ...nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The Due Process Clause of the Fourteenth Amendment has been interpreted to include protections of substantive due process, such as the right to work, marry, and raise children. The Supreme Court has also deemed the due process guarantees of the Fourteenth Amendment to protect certain substantive rights that are not listed in the Constitution. For example, in Griswold v. Connecticut, the Court struck down state bans on the use of contraception by married couples on the ground that it violated their "right to privacy".
The Fourteenth Amendment also addresses many aspects of citizenship and the rights of citizens. For example, it grants citizenship to "All persons born or naturalized in the United States", thereby granting citizenship to formerly enslaved people. It also states that:
> Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or is in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
The Fourteenth Amendment's guarantee of "equal protection of the laws" has been central to a wide variety of landmark cases, including Brown v. Board of Education (racial discrimination), Roe v. Wade (reproductive rights), Bush v. Gore (election recounts), Reed v. Reed (gender discrimination), and University of California v. Bakke (racial quotas in education).
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Fundamental rights
The US Constitution, the Declaration of Independence, and the Bill of Rights form the foundation of universal human rights in American history. The Fifth Amendment to the US Constitution guarantees due process, stating 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 levels of American government must operate within the law and provide fair procedures.
The Supreme Court plays a crucial role in determining what rights are fundamental under the Constitution. The Court interprets the Constitution and uses statutory interpretation to adapt fundamental rights to new situations and evolving understandings of the law. For example, in Griswold v. Connecticut, the Supreme Court established a right to privacy, reasoning that multiple amendments to the Constitution create "penumbras" of rights not explicitly stated. The Court has also recognised the right to work in an ordinary job, marry, and raise children as fundamental rights.
However, the Supreme Court's interpretations of fundamental rights have led to some of its most controversial and contradictory opinions. For instance, in Lochner v. New York (1905), the Court found that the right to make a private contract is a fundamental right, emphasising the importance of economic contracts in individual liberty. Yet, in West Coast Hotel v. Parrish (1937), the Court reversed this decision, stating that there is no absolute freedom to contract.
The Due Process Clause, found in both the Fifth and Fourteenth Amendments, prohibits the deprivation of "life, liberty, or property" without due process of law by the federal and state governments, respectively. This clause guarantees procedural due process in civil and criminal proceedings, substantive due process (a guarantee of fundamental rights), a prohibition against vague laws, incorporation of the Bill of Rights to state governments, and equal protection under federal law.
The Fourteenth Amendment's Due Process Clause has been interpreted differently by constitutional scholars. Some, like Justice Clarence Thomas, understand it to focus on procedure rather than substance, while others, like Justice Stephen J. Field, believe it includes protections of substantive due process, such as protecting individuals from state legislation that infringes on their "privileges and immunities" under the federal Constitution.
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State powers
The Fifth Amendment to the US Constitution guarantees due process, stating 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, with the same wording.
The Tenth Amendment, ratified in 1791 as part of the Bill of Rights, recognises the powers of state governments. It specifies that any power not explicitly granted to the federal government is delegated to the state governments. This amendment is a key part of federalism, the division of power between the federal and state governments.
The Tenth Amendment has been interpreted to include "police powers" of health, education, and welfare. This interpretation allows states the freedom to experiment with different ideas and programs, earning them the nickname "laboratories of democracy".
The Supreme Court has also used the Tenth Amendment to protect state sovereignty. For example, in New York v. United States, the Court found that state participation in the federal political process protects state sovereignty.
However, the Tenth Amendment has its limitations. For example, in Garcia, the Court adopted a narrow interpretation of states' powers, finding that cities must comply with federal labour laws.
The true meaning of the Tenth Amendment and the extent of state versus federal power was tested by the Civil War. After the war, some states tried to address social problems in their own way, but the Supreme Court struck down many of these state laws as violations of personal liberty.
Despite this, many Americans continue to believe that states should be free to experiment with their own solutions to social problems, such as the legalization of marijuana.
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Civil rights
In the United States, the Civil Rights Division of the Department of Justice was created in 1957 by the enactment of the Civil Rights Act of 1957. This division works to uphold the civil and constitutional rights of all persons in the United States, particularly the most vulnerable members of society. The division enforces federal statutes prohibiting discrimination on the basis of race, colour, sex, disability, religion, familial status, national origin, and citizenship status.
The American civil rights movement, which took place from 1954 to 1968, aimed to abolish legalized racial segregation, discrimination, and disenfranchisement in the country, which disproportionately affected African Americans. The movement was largely based in African American churches and colleges in the South and involved marches, boycotts, and civil disobedience, such as sit-ins. While most efforts were local, they had a significant impact at the national level, influencing civil rights organizing around the world. During this period, the civil rights movement achieved many of its legislative goals, securing new protections in federal law for the civil rights of all Americans.
The Supreme Court played a significant role in the civil rights movement, issuing several pro-civil rights rulings. In 1948, President Harry S. Truman issued an executive order abolishing discrimination in the armed forces. In 1954, the Supreme Court struck down state laws establishing racial segregation in public schools in Brown v. Board of Education, overturning the "separate but equal" doctrine established in Plessy v. Ferguson in 1896. In Browder v. Gayle (1956) and Loving v. Virginia (1967), the Supreme Court banned segregation in public transport and struck down laws against interracial marriage, respectively.
In addition to these rulings, three major laws were passed to advance civil rights: the Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Fair Housing Act of 1968. The Civil Rights Act of 1964 prohibited discrimination based on race, colour, religion, sex, or national origin in public accommodations, employment, and federally assisted programs. The Voting Rights Act of 1965 outlawed discriminatory voting laws and authorized federal oversight of election law in areas with a history of voter suppression. Lastly, the Fair Housing Act of 1968 banned housing discrimination.
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Frequently asked questions
The Fifth Amendment to the US Constitution guarantees due process.
The Fifth Amendment states that no person shall be "deprived of life, liberty or property without due process of law" by the federal government.
Yes, the Fourteenth Amendment also guarantees due process. This amendment was ratified in 1868 and extends the guarantee of due process to the states.
The Fifth Amendment applies to federal government actions, while the Fourteenth Amendment binds the states.
