Eleanor Finch
The Due Process Clause 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 Due Process Clause guarantees due process of law before the government may deprive someone of life, liberty, or property. This means that the government must follow the law and provide fair procedures. The Fourteenth Amendment, ratified in 1868, extended liberties and rights granted by the Bill of Rights to formerly enslaved people, ensuring that all levels of American government must operate within the law.
| Characteristics | Values |
|---|---|
| Name | Fourteenth Amendment |
| Date of Ratification | July 9, 1868 |
| Number of States that Ratified | 28 |
| Number of Sections | 5 |
| Purpose | To extend liberties and rights granted by the Bill of Rights to formerly enslaved people, and to grant citizenship to "All persons born or naturalized in the United States" |
| Due Process Clause | No State shall deprive any person of life, liberty, or property without due process of law |
| Other Important Clauses | Equal Protection Clause, Privileges and Immunities Clause |
| Supreme Court Interpretations | Procedural due process, substantive due process, prohibition against vague laws, incorporation of the Bill of Rights to state governments, and equal protection under federal law |
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What You'll Learn
The Fifth Amendment
Procedural due process requires government officials to adhere to established procedures before depriving an individual of their life, liberty, or property. Substantive due process, on the other hand, protects certain fundamental rights from government interference. This includes rights such as the right to privacy, the right to work, the right to marry, and the right to raise children.
While the Fifth Amendment applies to federal government actions, it is important to note that the Fourteenth Amendment, ratified in 1868, extends these protections to state and local governments, ensuring that individuals' rights are protected at all levels of government.
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The Fourteenth Amendment
> No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; 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.
This clause guarantees "procedural due process", meaning that government actors must follow certain procedures before depriving a person of life, liberty, or property. The Supreme Court has applied this clause in two main contexts. The Court has also interpreted the clause to protect "'substantive due process', holding that there are certain fundamental rights that the government may not infringe upon, even if procedural protections are provided.
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Procedural due process
The Fifth Amendment to the US Constitution 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 individual US states.
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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Substantive due process
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, guarantees due process. The Fourteenth Amendment, ratified in 1868, uses the same eleven words, referred to as the Due Process Clause, to extend this obligation to the states.
The Supreme Court's interpretation of substantive due process has evolved over time. 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.
Critics of substantive due process argue that it is a vague concept and that such decisions should be left to politically accountable branches of government. However, supporters argue that it is necessary to protect important rights that are not explicitly listed in the Constitution.
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Unenumerated rights
The Fifth and Fourteenth Amendments of the US Constitution guarantee due process. The Fourteenth Amendment, ratified in 1868, uses the same eleven words as the Fifth Amendment, known as the Due Process Clause, to extend 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".
The Fourteenth Amendment has also been interpreted to protect against state infringement of certain unenumerated rights, including the right to send one's children to private school and the right to marital privacy. The Supreme Court has found that unenumerated rights include important rights such as the right to travel, the right to vote, the right to keep personal matters private, and the right to make important decisions about one's healthcare or body.
State constitutions have also been interpreted to protect unenumerated rights, such as the right to earn a living, the right to establish a home, and the right to refuse medical treatment. In Griswold v. Connecticut, the Supreme Court cited the Ninth Amendment and held that the Constitution protects penumbral rights of 'privacy and repose' that bar a state from prohibiting the use of contraception by married couples.
In Canada, a concurring opinion of the Supreme Court of Canada in 1938 first proposed an implied bill of rights, protecting rights and freedoms such as freedom of speech, habeas corpus, and the presumption of innocence.
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Frequently asked questions
The Fifth and Fourteenth Amendments to the US Constitution guarantee 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.
The Fourteenth Amendment uses the same eleven words as the Fifth Amendment, extending the obligation to the states.
Due process primarily refers to the concept that all levels of American government must operate within the law and provide fair procedures.
In criminal cases, due process rights include reliable procedures to protect innocent people from being executed, which would be considered cruel and unusual punishment. For example, in Vitek v. Jones, the Fourteenth Amendment's Due Process Clause provided procedural protections for state prisoners facing involuntary transfer to a state mental hospital.
