5th Amendment (Federal Due Process Clause) - Explained
What is the 5th Amendment's Due Process Clause?
Written by J. Mance Gordon
Updated at April 21st, 2024
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What is Due Process of Law under the 5th Amendment?
Due Process rights assure fundamental fairness and decency in any governmental act or process that may affect the life, liberty, property or other constitutional rights of its citizens.
Due process in the exercise of federal law is assured under the 5th Amendment of the US Constitution, stating that no one shall be "deprived of life, liberty or property without due process of law."
- The 14th Amendment employs the same words to describe a legal obligation of all states.
The concept of due process is broken down into substantive due process and procedural due process.
What is Substantive Due Process?
Substantive due process allows the court to safeguard the rights of individuals against infringement by the government.
More specifically, it introduces a standard that laws that touch upon the fundamental rights of individuals may be outside of the authority of the government to regulate.
This tends to protect a minority population from the unfair consequences of laws passed by the majority.
What is Procedural Due Process?
Procedural due process stands for the principle that the government may not act in a manner that is arbitrary, capricious, or unreasonable when subjecting an individual to the laws of the state.
Procedural due process further entails the observance of individual rights in the passage of laws and regulations.
The government establishes certain standards for determining when a law may justifiably infringe upon an individual's constitutional rights.
That is, a law that infringes on a fundamental right must meet a certain standard (discussed further below) to be constitutional.
- Note: The due process clause applies to both individuals and corporations.
- Example: Procedural due process requires fair procedures in the carrying out of a criminal trial, such as the right to notice and the ability to respond to an accuser. It may also include the right to public vote or comment on a proposed law or regulation.
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