The Fifth and Fourteenth Amendments. An individual is guaranteed due process by one of two amendments depending on whether the issue involves the federal government or a state government. For the federal government, the 5th amendment guarantees due process. For state and local governments, due process is provided by the 14th amendment.
The Fifth Amendment relates primarily to procedural due process; the Fourteenth Amendment also supports the concept of substantive due process.
The Fourteenth Amendment Due Process Clause has also been used to apply portions of the Bill of Rights to the States under the doctrine of "selective incorporation."
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Amendment XIV, Section 1
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
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An individual is guaranteed due process by one of two amendments depending on whether the issue involves the federal government or a state government. For the federal government, the 5th amendment guarantees due process. For state and local governments, due process is provided by the 14th amendment.
The Fifth Amendment relates primarily to procedural due process; the Fourteenth Amendment also supports the concept of substantive due process.
The Fourteenth Amendment Due Process Clause has also been used to apply portions of the Bill of Rights to the States under the doctrine of "selective incorporation."
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Amendment XIV, Section 1
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
due process has two quite different meanings
The Fifth and Fourteenth Amendments both guarantee the right of due process of the law. The Fifth Amendment is part of the Bill of Rights; the Due Process Clause of the Fourteenth Amendment, adopted in 1868, has been used to selectively incorporate the Bill of Rights to the states.
Using the process of "selective incorporation," the US Supreme Court has applied most of the Bill of Rights to the States via the Fourteenth Amendment Due Process and Equal Protection Clauses. The Second and Seventh Amendment have not yet been incorporated.
substantive due process
due process