DUE PROCESS EXPLAINED

 

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 https://govfacts.org/rights-freedoms/constitutional-rights/due-process-fair-treatment/what-is-due-process-the-governments-rulebook-for-fairness/

The government must follow rules when it wants to take away your life, liberty, or property. This fundamental promise, known as “due process of law,” is the Constitution’s fundamental guarantee that all levels of government must operate within the law and provide fair procedures before acting against individuals.

Due process serves as the primary shield against arbitrary government power. It ensures you have a fair opportunity to defend your interests when the state seeks to act against you.

This protection appears twice in the Constitution. The Fifth Amendment restrains the federal government: “No person shall be … deprived of life, liberty, or property, without due process of law.” The Fourteenth Amendment extends the same promise to state and local governments.

The simple eleven-word phrase masks one of the most complex concepts in American law. Due process creates two distinct types of protection: procedural due process, which dictates the steps government must follow, and substantive due process, which protects certain fundamental rights from government interference altogether.