Congressman Jamie Raskin joins The Weeknight to discuss Trump’s remarks about due process. 🏛️ Due Process in the U.S. Constitution: Meaning, Articles, and Legal Impact Due process is a cornerstone of American constitutional law. It guarantees that no person shall be deprived of life, liberty, or property without fair legal procedures. This principle applies at both the federal and state levels, ensuring that laws are applied justly and fairly across the United States. 📜 What Is Due Process? Due process refers to the legal requirement that the government must respect all legal rights owed to a person under the law. It protects individuals from abuse by government officials and ensures fairness in both the creation and enforcement of laws. 📌 Where Is Due Process Mentioned in the Constitution? Fifth Amendment (Federal Level) “No person shall… be deprived of life, liberty, or property, without due process of law…” 🔗 Read the Fifth Amendment on Archives.gov Fourteenth Amendment (State Level) “…nor shall any State deprive any person of life, liberty, or property, without due process of law…” 🔗 Read the Fourteenth Amendment on Archives.gov These constitutional clauses form the legal foundation of procedural and substantive due process protections. ⚖️ Types of Due Process ✅ Procedural Due Process Procedural due process ensures fair and transparent procedures before the government can take away a person’s life, liberty, or property. Key components include: Example: A public housing tenant must receive a hearing before eviction. ✅ Substantive Due Process Substantive due process protects certain fundamental rights from government interference, even if procedural protections are in place. These rights include: Example: Supreme Court rulings on abortion rights and same-sex marriage are based on substantive due process. 🧑⚖️ Key Supreme Court Cases on Due Process 📚 Learn More About Due Process 🧠 Summary Due process is a constitutional guarantee that protects every person in the U.S. from arbitrary government actions. Enshrined in both the Fifth and Fourteenth Amendments, it applies to everything from criminal trials to civil liberties. Understanding due process helps citizens recognize and defend their rights under U.S. law.
