Due Process Clause
Definition
The Due Process Clause is a provision in the Fifth and Fourteenth Amendments of the US Constitution that prohibits the government from depriving individuals of their life, liberty, or property without fair procedures.
Analogy
Think of the Due Process Clause as a referee in a soccer game. Just like how a referee ensures that all players follow the rules and are treated fairly, this clause makes sure that everyone gets fair treatment under law.
Related terms
Fifth Amendment: This amendment to the US Constitution includes various protections for individuals, such as protection against self-incrimination and double jeopardy. It also contains the original due process clause.
Fourteenth Amendment: This amendment extends many constitutional rights to state governments. It includes another due process clause (often called "the second due process clause") which applies these protections to actions by states.
Procedural Due Process: This refers to the procedural safeguards that must be observed by courts and other government bodies when they take any action that could affect an individual's life, liberty or property.
"Due Process Clause" appears in:
Study guides (3)
Practice Questions (13)
Which case first applied the Due Process Clause of the Fourteenth Amendment to protect freedom of speech and press?
What is the purpose of the Due Process Clause?
What is the significance of the Due Process Clause?
What does the Due Process Clause of the 14th Amendment guarantee?
What does the Due Process Clause of the 14th Amendment guarantee?
What is the purpose of the Due Process Clause in the 14th Amendment?
Which landmark court case incorporated Fourth Amendment’s protection against unlawful searches using Due Process Clause?
What is the purpose of the Due Process Clause in the Fourteenth Amendment?
How do courts typically interpret Fourteenth Amendment's Due Process Clause with respect to states' powers?
How does the principle of Equal Protection Clause in Fourteenth Amendment compare with that of Due Process Clause?
What does the 14th Amendment's Due Process Clause protect?
What is guaranteed by Due Process Clause in Fifth and Fourteenth Amendments of US constitution?
Which Supreme Court case applied the Fourth Amendment to state governments through the Due Process Clause of the Fourteenth Amendment?
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