Due Process Clause

E9784

constitutional provision legal doctrine

The Due Process Clause is a constitutional guarantee in the Fifth and Fourteenth Amendments that prohibits the government from depriving individuals of life, liberty, or property without fair legal procedures and fundamental fairness.

Aliases (8)

Statements (49)

Predicate	Object
instanceOf	constitutional provision → legal doctrine →
appliesTo	United States federal government → citizens → non-citizens → state governments in the United States →
enforcedBy	United States Supreme Court → federal courts of the United States → state courts of the United States →
foundInSection	Fifth Amendment text following grand jury and double jeopardy clauses → Section 1 of the Fourteenth Amendment →
guarantees	fair legal procedures → fundamental fairness →
hasText	nor shall any person be deprived of life, liberty, or property, without due process of law →
hasType	procedural due process → substantive due process →
historicalOrigin	Magna Carta →
influencedBy	English common law →
interpretedInCase	Brown v. Board of Education → Dred Scott v. Sandford → Gideon v. Wainwright → Goldberg v. Kelly → Lochner v. New York → Mathews v. Eldridge → Miranda v. Arizona → Obergefell v. Hodges → Palko v. Connecticut → Planned Parenthood v. Casey → Roe v. Wade →
language	English →
legalSystem	United States legal system →
locatedIn	Fifth Amendment to the United States Constitution → Fourteenth Amendment to the United States Constitution →
partOf	United States Constitution →
prohibits	deprivation of liberty without due process of law → deprivation of life without due process of law → deprivation of property without due process of law →
protects	civil litigants → criminal defendants → persons within United States jurisdiction →
relatedTo	Bill of Rights → Equal Protection Clause → Incorporation doctrine → Privileges or Immunities Clause → Rule of law → fundamental rights →
timePeriod	adopted in 1791 in the Fifth Amendment → adopted in 1868 in the Fourteenth Amendment →
usedFor	incorporation of most Bill of Rights protections against the states →

Referenced by (40)

Subject (surface form when different)	Predicate
Bolling v. Sharpe ("Due Process Clause of the Fifth Amendment") → Carter v. Carter Coal Co. ("Due Process Clause of the Fifth Amendment") → Dobbs v. Jackson Women’s Health Organization ("Fourteenth Amendment Due Process Clause") → Doe v. Bolton ("Due Process Clause of the Fourteenth Amendment") → Everson v. Board of Education ("Fourteenth Amendment Due Process Clause") → Griswold v. Connecticut ("Fourteenth Amendment Due Process Clause") → Lochner v. New York ("Fourteenth Amendment Due Process Clause") → Mathews v. Eldridge ("Fifth Amendment Due Process Clause") → Palko v. Connecticut ("Due Process Clause of the Fourteenth Amendment") → Washington v. Davis ("Due Process Clause of the Fifth Amendment") → Windsor v. United States (in part) ("Fifth Amendment Due Process Clause") →	constitutionalProvisionInterpreted
Baker v. Nelson → Betts v. Brady ("Fourteenth Amendment Due Process Clause") → Bourke v. Beshear → Bush v. Gore → Loving v. Virginia ("Due Process Clause of the Fourteenth Amendment") → Obergefell v. Hodges →	legalIssue
Frontiero v. Richardson ("Fifth Amendment Due Process Clause") → Loving v. Virginia → Planned Parenthood v. Casey →	constitutionalProvision
Contract Clause → Enforcement Clause ("Due Process Clause of the Fourteenth Amendment") → Equal Justice Under Law →	relatedTo
Fifth Amendment to the United States Constitution → Fourteenth Amendment to the United States Constitution →	containsClause
Free Exercise Clause ("Due Process Clause of the Fourteenth Amendment") → Sixth Amendment to the United States Constitution ("Due Process Clause of the Fourteenth Amendment") →	incorporatedThrough
Jackson v. Georgia ("Fourteenth Amendment Due Process Clause") →	appliedAmendment
U.S. Constitution in Treasury activities ("Due Process Clause of the Fifth Amendment") →	basedOn
Bolling v. Sharpe ("Due Process Clause of the Fifth Amendment") →	clauseInterpreted
Jane Roe ("Fourteenth Amendment Due Process Clause") →	constitutionalBasis
DeBoer v. Snyder →	constitutionalClaim
Lawrence v. Texas ("Due Process Clause of the Fourteenth Amendment") →	constitutionalClause
Dollree Mapp ("Fourteenth Amendment due process") →	constitutionalRightInvolved
Section 5 of the Fourteenth Amendment →	enforces
Clause 39 ("Fifth Amendment to the United States Constitution") →	influenced
Adin Yutzy ("Fourteenth Amendment due process clause") →	legalArgumentConcern
Argersinger v. Hamlin ("Due Process Clause of the Fourteenth Amendment") →	legalPrinciple
91-902 ("United States Constitution Due Process Clause") →	relatedStatute
Incorporation doctrine ("Due Process Clause of the Fourteenth Amendment") →	usesClause