User:Modrake21/Due process
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Article Draft[edit]
Lead[edit]
United States[edit]
Every person within the jurisdiction of the United States, regardless of citizenship or immigration status, is protected by the guarantees of due process. [1][2]Both procedural due process and substantive due process protect a person’s right to life, liberty, and property; however, they do so in different ways.[2]
Procedural Due Process[edit]
Procedural due process is meant to ensure that the federal government does not deprive any person of life, liberty, or property without following the proper procedure(s).[3] The proper procedures include (but are not limited to): notice of the deprivation, an opportunity for the person to be heard, and a decision by a neutral decision-maker.[4][5]
Substantive Due Process[edit]
Substantive due process is concerned more with protecting individuals from government actions or legislation that exceed the government’s allotted authority and impede a person’s right to life, liberty, or property. [6]The Supreme Court has used substantive due process to protect personal rights not listed explicitly in Constitution, such as the right to marry and the right to bodily autonomy.[6][7]
References[edit]
- ^ "Wong Wing v. United States, 163 U.S. 228, 16 S. Ct. 977, 41 L. Ed. 140, 1896 U.S. LEXIS 2260 – CourtListener.com". CourtListener. Retrieved 2021-10-13.
- ^ a b "Right to Due Process: Overview | Constitution Annotated | Congress.gov | Library of Congress". constitution.congress.gov. Retrieved 2021-10-13.
- ^ Chemerinsky, Erwin (1999) "Substantive Due Process," Touro Law Review: Vol. 15 : No. 4 , Article 15, available at https://digitalcommons.tourolaw.edu/lawreview/vol15/iss4/15
- ^ "Right to Due Process: Overview | Constitution Annotated | Congress.gov | Library of Congress". constitution.congress.gov. Retrieved 2021-10-13.
- ^ "Procedural due process". LII / Legal Information Institute. Retrieved 2021-10-13.
- ^ a b "Interpretation: The Fourteenth Amendment Due Process Clause | The National Constitution Center". constitutioncenter.org. Retrieved 2021-10-13.
- ^ Review, Stanford Law (2015-05-24). "Substantive Due Process as a Two-Way Street". Stanford Law Review. Retrieved 2021-10-13.