Common
Due Process Clause
Clauses in the 5th and 14th Amendments to the U.S. Constitution
Due Process Clause
Due Process Clauses are found in the Fifth and Fourteenth Amendments to the United States Constitution. They prohibit the deprivation of "life, liberty, or property" by the federal and state governments, respectively, without due process of law. The U.S. Supreme Court interprets these clauses to guarantee a variety of protections: procedural due process (in civil and criminal proceedings); substantive due process (a guarantee of some fundamental rights); a prohibition against vague laws; incorporation of the Bill of Rights to state governments; and equal protection under the laws of the federal government.
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