Due Process of Law
Due process of law is the constitutional requirement that government follow legally fair procedures and respect certain substantive protections before depriving a person of life, liberty, or property. The Fifth Amendment applies to the federal government, and the Fourteenth Amendment applies the Due Process Clause to the states.
Due process of law is the constitutional requirement that government follow legally fair procedures and respect certain substantive protections before depriving a person of life, liberty, or property. The Fifth Amendment applies to the federal government, and the Fourteenth Amendment applies the Due Process Clause to the states.
Example: In Mathews v. Eldridge (1976), the Supreme Court set out a balancing test for determining what procedures are due before the government terminates certain benefits.
Common misconception: Due process always requires a full trial before every government decision. The procedures required depend on the type of interest, the risk of error, and the government’s interests.
Sources: https://constitution.congress.gov/browse/amendment-5/; https://constitution.congress.gov/browse/amendment-14/; https://www.govinfo.gov/content/pkg/USREPORTS-424/pdf/USREPORTS-424-319.pdf