Due process

The United States The concept of due process is embodied within the Constitution within the prohibition against any bill of attainder or ex post facto law[?] of Article 1. In addition, two due process clauses are contained in amendments to the Constitution.

• In the 5th Amendment (applicable to the federal government):
  • "No person shall be...deprived of life, liberty, or property, without due process of law."
• In the 6th Amendment:
  • In all criminal prosecutions, the accused shall enjoy...right[s]..."
• In the 14th Amendment (requiring regional state governments to practice due process):
  • No state shall make or enforce any law which shall abridge the privileges or immunities of citizens...nor deprive any person of life, liberty, or property, without due process of law; nor deny...equal protection of the laws."

There are two aspects to the protection provided:

• Substantive aspect - This protection extends to forbidding state governments from unfairly taking property or otherwise inappropriately interfering with its use.
• Prodedural aspect - A person is guaranteed fair procedures will be applied. Fair procedures include 1) notice prior to a deprivation of life, liberty, or property, and 2) the right to a hearing (although not necessarily a formal judicial proceeding) prior to such deprivation.

See also: Chief Justice Warren