Simone Lawson
The US Constitution's 14th Amendment Due Process Clause has been interpreted in various ways, with the Supreme Court elaborating on its original meaning. The Clause was initially understood to mean that the government could only deprive a person of their rights through a court ruling. The rights protected under this Clause can be categorised into procedural due process, individual rights, and substantive due process. The Due Process Clause has been used to protect unenumerated rights, such as the right to direct one's education, the right to procreate, and the right to bodily integrity. The Free Exercise Clause, incorporated into the Constitution, reinforces religious liberty by prohibiting state religious establishments.
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What You'll Learn
The Fourteenth Amendment Due Process Clause
The Due Process Clause of the Fourteenth Amendment has been interpreted to include three categories of rights: procedural due process, individual rights listed in the Bill of Rights, and substantive due process. Procedural due process outlines the steps the government must take before depriving someone of their fundamental rights. This often includes notice, a hearing, and a fair trial. The individual rights listed in the Bill of Rights include freedom of speech, freedom of religion, the right to bear arms, and criminal procedure protections.
Substantive due process, meanwhile, protects fundamental rights not specifically enumerated in the Constitution, such as the right to marry, the right to use contraception, and the right to abortion. The Fourteenth Amendment's Due Process Clause is often invoked in cases where state laws or actions are believed to infringe on these rights, ensuring that states cannot arbitrarily deprive citizens of their liberties.
The interpretation and application of the Fourteenth Amendment's Due Process Clause have evolved over time through Supreme Court decisions and legal doctrines. The incorporation doctrine, for example, applies the Bill of Rights to state governments through the Due Process Clause, ensuring that the rights and protections of the Bill of Rights are guaranteed at both the federal and state levels. This process began in 1897 and has continued with landmark cases such as Gitlow v. New York in 1925, gradually expanding the reach of the Bill of Rights.
The Fourteenth Amendment, passed in 1868, was a significant extension of liberties and rights to formerly enslaved people, ensuring their full recognition as citizens with equal rights under the law. The Due Process Clause within this amendment has been a powerful tool for protecting the rights of citizens and holding governments accountable to the highest legal standards.
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The Free Exercise Clause
The Supreme Court has ruled that even in the case of a facially neutral law, the state must make reasonable accommodations for religious practices. However, the government can regulate practices with rules of general applicability even if such rules have the effect of limiting religious rights. The Supreme Court has also indicated that the compelling interest test will only be applied if the law is specifically designed to interfere with religious belief and practices.
The first Free Exercise Clause case came before the Supreme Court in 1878 or 1879 in Reynolds v. United States. The Court upheld a federal statute that prohibited polygamy, reasoning that the government could punish criminal activity even if that activity would otherwise have been necessary to fulfil a religious belief. The Court said: "Congress cannot pass a law for the government of the Territory which shall prohibit the free exercise of religion. The First Amendment to the Constitution expressly forbids such legislation."
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Procedural due process
The Due Process Clause, found in the Fifth and Fourteenth Amendments to the US Constitution, prohibits the deprivation of "life, liberty, or property" without due process of law. Procedural due process refers to the procedures that the government must follow before depriving an individual of these rights.
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Substantive due process
The Supreme Court first ventured into defining substantive due process during the Lochner Era, in Lochner v. New York (1905). The Court found a New York law regulating the working hours of bakers to be unconstitutional, ruling that the public had economic liberty. During this era, the Court often struck down minimum wage and labour laws to protect the freedom of contract. However, in 1937, the Supreme Court rejected the Lochner Era's interpretation of substantive due process in West Coast Hotel v. Parrish, allowing Washington to implement a minimum wage for women and minors.
The Supreme Court has since determined that fundamental rights protected by substantive due process are deeply rooted in US history and traditions, 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 Court has interpreted substantive due process to include personal and relational rights, such as the right to privacy, the right to work, the right to marry, and the right to raise one's children.
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Unenumerated rights
The Supreme Court of the United States has interpreted the Fourteenth Amendment to protect against state infringement of certain unenumerated rights, including the right to send children to private school, the right to marital privacy, the right to travel, the right to vote, and the right to keep personal matters private. The Supreme Court has also inferred a limited right to vote from the text of the Constitution, invalidating legislation that prevented all prisoners from voting.
The concept of unenumerated rights recognises that it is impossible to list all rights, and attempting to do so may lend support to the argument that the government has unrestrained power over rights not listed. This was a concern addressed by James Madison, who proposed amendments to the Constitution to protect against this potential abuse of power. Despite the absence of explicit mention, unenumerated rights are still legally relevant and defended by the Supreme Court.
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Frequently asked questions
The Fourteenth Amendment Due Process Clause was incorporated to ensure that the government could deprive a person of their rights only according to the law applied by a court. The rights protected under this clause can be understood in three categories: 1) "procedural due process"; 2) individual rights listed in the Bill of Rights, "incorporated" against the states; and 3) "substantive due process."
"Procedural due process" refers to the procedures that the government must follow before depriving an individual of life, liberty, or property. "Substantive due process" refers to the rights protected by the Due Process Clause that are not specifically listed in the Constitution, such as the right to direct the education and upbringing of one's children, the right to procreate, and the right to bodily integrity.
The Supreme Court has elaborated on the original understanding of the Fourteenth Amendment Due Process Clause, protecting certain substantive rights that are not listed in the Constitution. The Court has also used this clause to protect unenumerated rights, such as the right to use contraception, the right to marry, and the right to abortion.
