The Due Process Clause is a constitutional guarantee found in both the Fifth and Fourteenth Amendments of the U.S. Constitution. It states that no person shall be "deprived of life, liberty, or property without due process of law." This means the government must follow fair procedures and legal processes before depriving someone of these fundamental rights
. Key aspects of the Due Process Clause include:
- Procedural Due Process: Requires the government to provide fair procedures, such as notice and an opportunity to be heard, before depriving a person of life, liberty, or property. This ensures legality and fairness in governmental actions
- Substantive Due Process: Protects certain fundamental rights from government interference, even if procedural protections are present. These rights include privacy, marriage, contraception, abortion, and other liberties deeply rooted in American tradition
- Incorporation Doctrine: The Fourteenth Amendment's Due Process Clause extends the protections of the Bill of Rights to apply against state governments, not just the federal government. This means states must also respect these fundamental rights and fair procedures
Historically, the Clause reflects a commitment to legality and fair treatment inherited from English legal traditions, such as the Magna Carta, ensuring that government power is exercised according to established law and fair process
. In summary, the Due Process Clause safeguards individuals from arbitrary denial of life, liberty, or property by requiring fair legal procedures and protecting fundamental rights against both federal and state governments
