Gavin Howe
The Due Process Clause, found in the Fifth and Fourteenth Amendments to the United States Constitution, prohibits the federal and state governments from depriving citizens of their life, liberty, or property without due process of law. The Fourteenth Amendment, ratified in 1868, granted citizenship to all persons born or naturalized in the United States, including former slaves. It ensures that all citizens enjoy the equal protection of the laws, meaning they cannot be discriminated against without a valid reason. The Due Process Clause has been interpreted by the Supreme Court to guarantee procedural due process, substantive due process, and equal protection under the law.
| Characteristics | Values |
|---|---|
| Equal protection under the law | No state shall deprive any person of life, liberty, or property without due process of law |
| Procedural due process | Civil and criminal proceedings |
| Substantive due process | A guarantee of fundamental rights |
| Prohibition against vague laws | No person shall be imprisoned or deprived of their privileges, franchises, life, liberty, or property without due process of law |
| Incorporation of the Bill of Rights to state governments | The Bill of Rights gives people protection against the federal government |
| Right to a hearing | The right to support allegations with arguments and proof |
| Right to a neutral judge | The Supreme Court ruled that a judge must recuse themselves in cases of conflict of interest |
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What You'll Learn
The Fifth Amendment
> No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Procedural due process requires the government to follow fair procedures before depriving a person of life, liberty, or property. This includes providing notice and an opportunity for a hearing before such a deprivation. Substantive due process complements these requirements and protects fundamental rights that are not listed in the Constitution, such as the right to privacy, marriage, and family autonomy in raising children.
The Supreme Court has interpreted the Fifth Amendment's Due Process Clause to include an equal protection element, guaranteeing equal protection under the laws of the federal government. The Court has also construed the Fourteenth Amendment's Due Process Clause to impose the same due process limitations on the states as the Fifth Amendment does on the federal government.
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Procedural due process
The specific procedures guaranteed by the U.S. Constitution may depend on the nature of the subject matter of the interest in question and each individual's circumstances. For example, in civil contexts, the courts balance private interests, the government's public interest, and the possibility of the government procedure's erroneous deprivation of private interest. On the other hand, in criminal procedures, the court looks at whether the procedure the government has adopted is offensive to the notion of fundamental fairness.
Historical practice is often relevant in due process cases, as the Court analyzes the requirements of due process by examining the settled usages and modes of proceedings of the common and statutory law of England during pre-colonial times and the early years of the Republic. This means that the Court may be more likely to uphold legal procedures with a long historical pedigree. However, this is not always the case, and the Court has cautioned that procedures accepted in British law and adopted in the U.S. may not be an essential element of due process law.
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Substantive due process
Due process is a concept in American constitutional law that protects people from arbitrary state actions. The Fifth Amendment and the Fourteenth Amendment both contain clauses stating that no person shall be deprived of "life, liberty, or property, without due process of law".
The Supreme Court's first attempt to define which government actions violate substantive due process was during the Lochner Era, in Lochner v New York (1905). The Supreme Court found a New York law regulating the working hours of bakers to be unconstitutional, ruling that the public benefit did not justify the infringement on the "right to contract". However, in 1937, the Supreme Court rejected this interpretation of substantive due process in West Coast Hotel v. Parrish, allowing Washington to implement a minimum wage for women and minors.
Since then, the Supreme Court has determined that fundamental rights protected by substantive due process are those deeply rooted in US history and tradition, viewed in light of evolving social norms. These rights are not explicitly listed in the Bill of Rights, but rather are assumed to exist as the penumbra of certain Amendments.
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Fourteenth Amendment rights
The Fourteenth Amendment to the US Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, addresses several aspects of citizenship and citizens' rights. The amendment was proposed as part of the Reconstruction Amendments after the Civil War to guarantee equal civil and legal rights to Black citizens.
The Fourteenth Amendment's most commonly litigated phrase is "equal protection of the laws", which has been central to several landmark cases, including Brown v. Board of Education (racial discrimination), Roe v. Wade (reproductive rights), and Bush v. Gore (election recounts). The amendment states that all persons born or naturalized in the United States and subject to its jurisdiction are citizens of the United States and the state in which they reside.
The Fourteenth Amendment's Due Process Clause guarantees that no state shall deprive any person of life, liberty, or property without due process of law. This clause has been interpreted by the Supreme Court to impose on the states many of the Bill of Rights' limitations, a doctrine known as incorporation against the states through the Due Process Clause. This means that the Fourteenth Amendment prohibits states from depriving any person of their rights without following the proper legal procedures.
Additionally, the Fourteenth Amendment includes provisions for representation, stating that representatives shall be apportioned among the states according to their respective numbers, counting all persons in each state except for untaxed Native Americans. It also addresses voting rights, stating that when the right to vote in elections for choosing representatives or other officials is denied to male inhabitants over twenty-one years of age, the basis of representation for that state shall be reduced proportionally.
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Equal protection under the law
The Fourteenth Amendment to the US Constitution, ratified in 1868, includes the Equal Protection Clause, which states: "No State shall [...] deny to any person within its jurisdiction the equal protection of the laws." This clause ensures that all citizens are entitled to equal protection under the law and that the government must apply its laws fairly and consistently.
The Fourteenth Amendment was a significant development in American constitutionalism, imposing substantial constitutional restrictions on states. It was designed to address the discriminatory "Black Codes" in the Southern states, which had led to increased violence against the newly-freed African American population. The Amendment's Equal Protection Clause was intended to validate the equality provisions of the Civil Rights Act of 1866, which guaranteed that all citizens, regardless of race or colour, would have the right to equal protection by law.
The Equal Protection Clause has been central to several landmark Supreme Court decisions. For example, in Brown v. Board of Education (1954), the Court relied on this clause to dismantle racial segregation in public schools. Similarly, in Loving v. Virginia, the Court used the clause to declare laws prohibiting interracial marriage unconstitutional. The clause has also been invoked in cases concerning same-sex marriage, such as Obergefell v. Hodges, and in Bolling v. Sharpe, where the Court held that the Due Process Clause of the Fifth Amendment requires equal protection under federal law.
The Equal Protection Clause applies only to state and local governments. However, it is crucial to protecting civil rights and ensuring that individuals in similar situations are treated alike under the law. While not all forms of legal distinction are unconstitutional, courts allow governments to differentiate between individuals if the discrimination meets constitutional standards.
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Frequently asked questions
Due process of law is a constitutional guarantee that prevents governments from impacting citizens in an abusive way. It includes procedural standards that courts must uphold to protect peoples' personal liberty and fundamental rights.
Procedural due process is a significant factor in the development of the law of personal jurisdiction. It is unfair for the judicial machinery of a state to take away the property of a person who has no connection to it.
Substantive due process is a guarantee of some fundamental rights.
The Due Process Clause of the Fourteenth Amendment states that no state shall deprive any person of life, liberty, or property, without due process of law. It also includes the Equal Protection Clause, which requires that a state has a good reason or a "rational basis" for laws that discriminate.
The phrase "due process of law" first appeared in Anglo-American law in 1354, as a substitute for "the law of the land" in a statute of King Edward III. This statute restated the Magna Carta's guarantee of the liberty of the subject.
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