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The Due Process 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 follow the law.
A Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibit the deprivation of "life, liberty, or property" by the federal and state governments, respectively, without due process of law.
The Fourteenth Amendment, ratified in 1868, uses the same eleven words, called the Due Process Clause, to describe a legal obligation of all states. These words have as their central promise an assurance that all levels of American government must operate within the law ("legality") and provide fair procedures.
This reading of the Due Process Clause (and of analogous provisions in state constitutions) was the textual foundation of the nineteenth century doctrine of vested rights, according to which private property, and private rights created by contracts, were protected against legislative alteration.
Due process under the Fifth and Fourteenth Amendments can be broken down into two categories: procedural due process and substantive due process. Procedural due process, based on principles of “fundamental fairness,” addresses which legal procedures are required to be followed in state proceedings.
The Fifth Amendment ’s Due Process Clause protects all persons within U.S. territory, including corporations, 6. aliens, 7. and, presumptively, citizens seeking readmission to the United States. 8. However, the states are not entitled to due process protections against the federal government. 9.
The Fourteenth Amendment’s Due Process Clause provides that no state may deprive any person of life, liberty, or property, without due process of law. 1. The Supreme Court has applied the Clause in two main contexts.
The Fifth Amendment’s Due Process Clause protects all persons within U.S. territory, including corporations, 6. aliens, 7. and, presumptively, citizens seeking readmission to the United States. 8. However, the states are not entitled to due process protections against the federal government. 9. The clause is effective in the District of Columbia 10
The Due Process Clause of the Fourteenth Amendment has been held to require that when a state or local governmental body, or a private body exercising delegated power, takes private property it must provide just compensation and take only for a public purpose. Applicable principles are discussed under the Fifth Amendment. 534
Tracing the development of substantive due process from the Magna Carta to the drafting and ratification of the Due Process Clause. Citing various primary sources and adopting a public meaning originalist approach.
