jc456
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- Dec 18, 2013
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which ones says illegally here.With language mirroring the Fifth Amendment, under the Fourteenth Amendment, the government (federal and state) cannot deprive any "person of life, liberty, or property, without due process of law." As noted above, the Fourteenth Amendment is part of a trio of amendments passed in the aftermath of the U.S. Civil War.
Fourteenth Amendment Due Process - U.S. Constitution - FindLaw
U.S. Constitution - FindLaw
https://constitution.findlaw.com › annotation03
Who is subject to due process?
Due process protections apply to all individuals, both citizens and non-citizens, within the United States. This includes both natural persons (human beings) and legal persons (like corporations). The Fourteenth Amendment specifically prohibits states from depriving "any person" of life, liberty, or property without due process of law. Similarly, the Fifth Amendment applies to the federal government.
Here's a more detailed explanation:
- Natural Persons:
The term "any person" in the Fourteenth Amendment is interpreted to include all individuals, regardless of their citizenship status or race, according to the Supreme Court in Yick Wo v. Hopkins, 118 U.S. 356 (1886).
- Legal Persons:
The Supreme Court has also recognized that due process protections extend to corporations and other legal entities, as seen in Munn v. Illinois, 94 U.S. 113 (1877).
- Scope of Protection:
Due process ensures fair treatment and a chance to defend one's rights when the government seeks to deprive someone of life, liberty, or property.
- Procedural Due Process:
This refers to the specific procedures that must be followed when the government takes action against an individual, such as the right to a fair hearing, notice of charges, and the right to present evidence.
- Substantive Due Process:
This aspect of due process protects certain fundamental rights that are not explicitly mentioned in the Constitution, but are considered to be essential for liberty, as discussed in Board of Regents v. Roth, 408 U.S. 564 (1972).