Due Process 2017

Due Process
• 5th Amendment – “No person shall
be….deprived of life, liberty, or property,
without due process of law……”
• 14th Amendment – No State shall deprive any
person of life, liberty or property, without due
process of law…….”
• What does due process mean?
– done fairly
– not arbitrarily
– with reason
– according to an established set of rules
• What does due process look like in actual
It has been and continues to be defined and refined
on a case by case basis by the courts.
• There are 2 types of due process:
• Procedural – Rochin v. California 1952
• The government must act fairly
• Substantive - Pierce v. Society of Sisters 1922
The laws themselves must be fair.
Process of Incorporation
• The due process clause has been used by the
Supreme Court to hold most of the protections
found in the Bill of Rights (speech, search &
seizure, cruel /unusual punishment) to apply
against the States as well.
(not the power of the police) a product of federalism (state powers)
The power of the STATE to act to protect public
drinking age; smoking regulations; pollution standards
seat belt laws; safety glass; traffic regulations
gambling; public nudity; prostitution
mandatory school attendance; professional licensing
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