The Due Process Clause is found in both the Fifth Amendment and the Fourteenth Amendment of the U.S. Constitution.
- The Fifth Amendment's Due Process Clause applies to the federal government and states that no person shall be "deprived of life, liberty, or property, without due process of law"
- The Fourteenth Amendment's Due Process Clause applies to the states and similarly prohibits states from depriving any person of life, liberty, or property without due process of law. It extends many protections against state governments, including procedural due process (fair procedures before deprivation), incorporation of many Bill of Rights protections to the states, and substantive due process (protection of fundamental rights not explicitly listed in the Constitution)
In summary, due process is guaranteed by both the Fifth Amendment (federal level) and the Fourteenth Amendment (state level), ensuring fairness in legal proceedings and protection of fundamental rights from government interference
