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Due process is a fundamental principle in American constitutional law, ensuring that no individual is deprived of life, liberty, or property without fair legal procedures. This protection applies at both the federal and state levels, safeguarding individuals against arbitrary government actions. 📜 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 encompasses two key aspects: 📌 Constitutional Foundations of Due Process 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 clauses form the legal foundation for due process protections in the United States. ⚖️ Types of Due Process ✅ Procedural Due Process Procedural due process ensures that the government follows fair procedures before depriving a person of life, liberty, or property. Key components include: Example: In Goldberg v. Kelly (1970), the Supreme Court ruled that welfare recipients must receive a hearing before benefits are terminated. 🔗 Read the case summary on Justia ✅ Substantive Due Process Substantive due process protects certain fundamental rights from government interference, regardless of the procedures used to enforce them. These rights include: Examples: 🧑⚖️ Key Supreme Court Cases on Due Process 📚 Learn More About Due Process 🧠 Summary Due process is a constitutional guarantee that protects individuals from arbitrary government actions, ensuring fairness and justice in legal proceedings. Enshrined in both the Fifth and Fourteenth Amendments, it applies to various aspects of law, from criminal trials to civil liberties. Understanding due process is essential for recognizing and defending one’s rights under U.S. law.
Andrew Weissmann is a Professor of Practice. He teaches courses in national security and criminal procedure. Andrew served as a lead prosecutor in Robert S. Mueller’s Special Counsel’s Office (2017-19) and as Chief of the Fraud Section in the Department of Justice (2015-2019). From 2011 to 2013, Weissmann served as…