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Due Process Clause
A Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which 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.
The clause in the Fifth Amendment to the United States Constitution provides:
No person shall ... be deprived of life, liberty, or property, without due process of law.
The clause in Section One of the Fourteenth Amendment to the United States Constitution provides:
... nor shall any State deprive any person of life, liberty, or property, without due process of law.
Clause 39 of the original (1215) Magna Carta provided:
No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land.
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Due Process Clause
A Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which 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.
The clause in the Fifth Amendment to the United States Constitution provides:
No person shall ... be deprived of life, liberty, or property, without due process of law.
The clause in Section One of the Fourteenth Amendment to the United States Constitution provides:
... nor shall any State deprive any person of life, liberty, or property, without due process of law.
Clause 39 of the original (1215) Magna Carta provided:
No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land.