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.

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All labels observed (12)

Label Occurrences
Fourteenth Amendment Due Process Clause 21
Due Process Clause canonical 19
Due Process Clause of the Fourteenth Amendment 19

Statements (49)

Predicate Object
instanceOf constitutional provision ⓘ
legal doctrine ⓘ
appliesTo United States government ⓘ
surface form: United States federal government

citizens ⓘ
non-citizens ⓘ
state governments in the United States ⓘ
enforcedBy Supreme Court of the United States ⓘ
surface form: United States Supreme Court

federal judiciary of the United States ⓘ
surface form: federal courts of the United States

state courts of the United States ⓘ
foundInSection Fifth Amendment text following grand jury and double jeopardy clauses ⓘ
Fourteenth Amendment ⓘ
surface form: 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 law ⓘ
surface form: United States legal system
locatedIn Fifth Amendment to the United States Constitution ⓘ
Fourteenth Amendment ⓘ
surface form: 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 and Immunities Clause ⓘ
surface form: 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 (77)

Full triples — surface form annotated when it differs from this entity's canonical label.

Bush v. Gore → legalIssue → Due Process Clause ⓘ
Free Exercise Clause → incorporatedThrough → Due Process Clause ⓘ
this entity surface form: Due Process Clause of the Fourteenth Amendment
Clause 39 → influenced → Due Process Clause ⓘ
this entity surface form: Fifth Amendment to the United States Constitution
Fourteenth Amendment → containsClause → Due Process Clause ⓘ
subject surface form: Fourteenth Amendment to the United States Constitution
Dobbs v. Jackson Women’s Health Organization → constitutionalProvisionInterpreted → Due Process Clause ⓘ
this entity surface form: Fourteenth Amendment Due Process Clause
Obergefell v. Hodges → legalIssue → Due Process Clause ⓘ
Jane Roe → constitutionalBasis → Due Process Clause ⓘ
this entity surface form: Fourteenth Amendment Due Process Clause
Bolling v. Sharpe (argued separately, decided same day) → constitutionalProvisionInterpreted → Due Process Clause ⓘ
subject surface form: Bolling v. Sharpe
this entity surface form: Due Process Clause of the Fifth Amendment
Bolling v. Sharpe → clauseInterpreted → Due Process Clause ⓘ
this entity surface form: Due Process Clause of the Fifth Amendment
Doe v. Bolton → constitutionalProvisionInterpreted → Due Process Clause ⓘ
this entity surface form: Due Process Clause of the Fourteenth Amendment
Equal Justice Under Law (associated with the Supreme Court building inscription) → relatedTo → Due Process Clause ⓘ
subject surface form: Equal Justice Under Law
Enforcement Clause → relatedTo → Due Process Clause ⓘ
this entity surface form: Due Process Clause of the Fourteenth Amendment
Planned Parenthood v. Casey → constitutionalProvision → Due Process Clause ⓘ
Loving v. Virginia → legalIssue → Due Process Clause ⓘ
this entity surface form: Due Process Clause of the Fourteenth Amendment
Loving v. Virginia → constitutionalProvision → Due Process Clause ⓘ
Fifth Amendment to the United States Constitution → containsClause → Due Process Clause ⓘ
Carter v. Carter Coal Co. → constitutionalProvisionInterpreted → Due Process Clause ⓘ
this entity surface form: Due Process Clause of the Fifth Amendment
Baker v. Nelson → legalIssue → Due Process Clause ⓘ
Bourke v. Beshear → legalIssue → Due Process Clause ⓘ
DeBoer v. Snyder → constitutionalClaim → Due Process Clause ⓘ
Incorporation doctrine → usesClause → Due Process Clause ⓘ
this entity surface form: Due Process Clause of the Fourteenth Amendment
Everson v. Board of Education → constitutionalProvisionInterpreted → Due Process Clause ⓘ
this entity surface form: Fourteenth Amendment Due Process Clause
U.S. Constitution, Sixth Amendment → incorporatedThrough → Due Process Clause ⓘ
subject surface form: Sixth Amendment to the United States Constitution
this entity surface form: Due Process Clause of the Fourteenth Amendment
Adin Yutzy → legalArgumentConcern → Due Process Clause ⓘ
this entity surface form: Fourteenth Amendment due process clause
Jackson v. Georgia → appliedAmendment → Due Process Clause ⓘ
this entity surface form: Fourteenth Amendment Due Process Clause
Argersinger v. Hamlin → legalPrinciple → Due Process Clause ⓘ
this entity surface form: Due Process Clause of the Fourteenth Amendment
Contract Clause → relatedTo → Due Process Clause ⓘ
Lochner v. New York → constitutionalProvisionInterpreted → Due Process Clause ⓘ
this entity surface form: Fourteenth Amendment Due Process Clause
Palko v. Connecticut → constitutionalProvisionInterpreted → Due Process Clause ⓘ
this entity surface form: Due Process Clause of the Fourteenth Amendment
Mathews v. Eldridge → constitutionalProvisionInterpreted → Due Process Clause ⓘ
this entity surface form: Fifth Amendment Due Process Clause
Betts v. Brady → legalIssue → Due Process Clause ⓘ
this entity surface form: Fourteenth Amendment Due Process Clause
U.S. Constitution in Treasury activities → basedOn → Due Process Clause ⓘ
this entity surface form: Due Process Clause of the Fifth Amendment
91-902 → relatedStatute → Due Process Clause ⓘ
this entity surface form: United States Constitution Due Process Clause
Frontiero v. Richardson → constitutionalProvision → Due Process Clause ⓘ
this entity surface form: Fifth Amendment Due Process Clause
Windsor v. United States (in part) → constitutionalProvisionInterpreted → Due Process Clause ⓘ
this entity surface form: Fifth Amendment Due Process Clause
Griswold v. Connecticut → constitutionalProvisionInterpreted → Due Process Clause ⓘ
this entity surface form: Fourteenth Amendment Due Process Clause
Lawrence v. Texas (in part) → constitutionalClause → Due Process Clause ⓘ
subject surface form: Lawrence v. Texas
this entity surface form: Due Process Clause of the Fourteenth Amendment
Section 5 of the Fourteenth Amendment → enforces → Due Process Clause ⓘ
Dollree Mapp → constitutionalRightInvolved → Due Process Clause ⓘ
this entity surface form: Fourteenth Amendment due process
Washington v. Davis → constitutionalProvisionInterpreted → Due Process Clause ⓘ
this entity surface form: Due Process Clause of the Fifth Amendment
Mildred Loving → constitutionalBasis → Due Process Clause ⓘ
this entity surface form: Due Process Clause of the Fourteenth Amendment
Richard Loving → constitutionalIssue → Due Process Clause ⓘ
this entity surface form: Due Process Clause of the Fourteenth Amendment to the U.S. Constitution
Slaughter-House Cases → relatedClause → Due Process Clause ⓘ
this entity surface form: Due Process Clause of the Fourteenth Amendment
majority opinion in Bowers v. Hardwick → constitutionalProvisionInterpreted → Due Process Clause ⓘ
this entity surface form: Fourteenth Amendment Due Process Clause
dissenting opinion in Miranda v. Arizona → constitutionalProvisionDiscussed → Due Process Clause ⓘ
this entity surface form: Fourteenth Amendment Due Process Clause
Chicago, Burlington & Quincy Railroad Co. v. Chicago → legalIssue → Due Process Clause ⓘ
this entity surface form: Fourteenth Amendment Due Process Clause
Chicago, Burlington & Quincy Railroad Co. v. Chicago → constitutionalProvisionInterpreted → Due Process Clause ⓘ
this entity surface form: Fourteenth Amendment Due Process Clause
Adkins v. Children’s Hospital → constitutionalIssue → Due Process Clause ⓘ
this entity surface form: due process clause of the Fifth Amendment
United States national security law → constrainedBy → Due Process Clause ⓘ
Powell v. Alabama → constitutionalProvision → Due Process Clause ⓘ
this entity surface form: Fourteenth Amendment Due Process Clause