The Due Process Clause: Constitutional Amendments Explained

The Due Process Clause, which prohibits the deprivation of life, liberty, or property without due process of law, is found in the Fifth and Fourteenth Amendments to the United States Constitution. The Fifth Amendment applies to federal government actions, while the Fourteenth Amendment binds the states. The Fourteenth Amendment, ratified in 1868, uses the same eleven words as the Fifth Amendment to extend this obligation to the states, ensuring that all levels of American government must operate within the law and provide fair procedures. The Due Process Clause has been interpreted by the Supreme Court to guarantee a variety of protections, including procedural due process, substantive due process, a prohibition against vague laws, incorporation of the Bill of Rights to state governments, and equal protection under the laws of the federal government.

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The Fifth Amendment

Additionally, the Takings Clause is part of the Fifth Amendment, allowing the federal government to take private property only for public use if it provides "just compensation". The Double Jeopardy Clause is another provision, providing the right of defendants to be tried only once in a federal court for the same offence.

The Due Process Clause of the Fifth Amendment has been used to extend protections to the state and local levels through the Fourteenth Amendment, ratified in 1868. This amendment applies the same eleven words of the Fifth Amendment, guaranteeing that all levels of American government must follow the law and provide fair procedures.

The Fourteenth Amendment

The Due Process Clause of the Fourteenth Amendment is the source of a range of constitutional rights, including some of the most cherished and most controversial. The clause guarantees "due process of law" before the government may deprive someone of "life, liberty, or property". In other words, the clause does not prohibit the government from depriving someone of "substantive" rights such as life, liberty, or property. It simply requires that the government follows the law.

The Due Process Clause has been interpreted by the Supreme Court to protect certain substantive rights that are not listed in the Constitution. For example, in the 1970 case of Goldberg v. Kelly, the Court found that some governmental benefits, such as welfare benefits, amount to "property" with due process protections. The Court ruled that before a state terminates a welfare recipient's benefits, the state must provide a full hearing before a hearing officer.

Procedural due process

The Due Process Clause of the Fourteenth Amendment is the source of an array of constitutional rights. The Fourteenth Amendment, ratified in 1868, uses the same eleven words as the Fifth Amendment, 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 extends this obligation to individual states.

The specific procedures guaranteed by the US Constitution may depend on the nature of the subject matter of the interest in question, as well as each individual's circumstances. For example, in criminal procedures, the court looks at whether the procedure the government has adopted is offensive to the notion of fundamental fairness for the due process analysis. In civil contexts, the courts utilize a balancing test between private interests, the government's public interest, and the possibility of the government procedure's erroneous deprivation of private interest in evaluating government conduct.

In the 1970 case of Goldberg v. Kelly, the Court found that some governmental benefits—in that case, welfare benefits—amount to "property" with due process protections. The Court found that before a state terminates a welfare recipient's benefits, the state must provide a full hearing before a hearing officer.

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Substantive due process

The Due Process Clause is found in the Fifth and Fourteenth Amendments of the US Constitution. The Fifth Amendment applies to federal action, while the Fourteenth Amendment extends this obligation to the states. The Fourteenth Amendment is the source of a range of constitutional rights, including some of the most cherished and most controversial.

The Supreme Court has played a significant role in shaping the understanding of substantive due process. During the Lochner Era (c. 1897-1937), the Court used substantive due process to strike down minimum wage and labour laws to protect freedom of contract. However, in 1937, the Court rejected this interpretation in West Coast Hotel v. Parrish, allowing Washington to implement a minimum wage for women and minors. The Court has since determined that fundamental rights protected by substantive due process are 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 inferred from certain Amendments.

The Bill of Rights

James Madison, then a member of the US House of Representatives, wrote the amendments. He was initially opposed to the idea of a bill of rights, believing that the Constitution did not grant the federal government the power to take away people's rights. However, he eventually agreed to support it to secure ratification. Madison altered the text of the Constitution where he thought appropriate, but several representatives objected, so his changes were presented as a list of amendments.

The amendments of the Bill of Rights add to the Constitution specific guarantees of personal freedoms, such as freedom of speech, the right to publish, practice religion, possess firearms, assemble, and other natural and legal rights. The Ninth Amendment states that the enumeration of certain rights in the Constitution does not deny or disparage other rights retained by the people. The Tenth Amendment further emphasizes that powers not delegated to the federal government are reserved for the states or the people.

The Due Process Clause is contained within the Fifth and Fourteenth Amendments to the US Constitution. The Fourteenth Amendment, ratified in 1868, uses the same eleven words as the Fifth Amendment, extending the obligation to the states. The Due Process Clause guarantees "due process of law" before the government may deprive someone of "life, liberty, or property."

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