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The Due Process Clause(s) is supposed to ensure laws and the judicial process are applied in a way that protects and preserves a defendant's constitutional rights. Ideally, the Due Process and Equal Protection Clauses work together to provide all people under US state and federal jurisdiction with the same level of protection, regardless of their personal characteristics (class, race, etc.).

The Fifth Amendment Due Process Clause was originally intended to guarantee the federal government could not take away a person's "life, liberty or property" without a fair trial or hearing. The Fourteenth Amendment requires states to adhere to principles of due process in both the Fifth and Fourteenth Amendments.

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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The due process clause guarantees that no state will deprive a person of life, liberty or property, without due process of law. The 5th and 14th Amendments to the US Constitution have a due process clause.

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10y ago
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