The Fifth Amendment limits only the national government, but the Fourteenth Amendment guarantees that states shall not deprive people of life, liberty, or property without "due process of law." The Constitution does not define "due process of law." However, the concept has deep roots in English history, and it has played a central role in Americans' understanding of whether government actions affecting life, liberty, and property are valid. This lesson explains how the interpretation of due process has changed in American law since the adoption of the Fourteenth Amendment and how the requirement of due process has been used to protect the rights of individuals against actions by state governments.
When you have finished this lesson, you should be able to explain the historical origins of due process. You also should be able to explain the difference between procedural and substantive due process. You should be able to define the concept of incorporation and describe its effect on the powers of the states. Finally, you should be able to evaluate, take, and defend positions on historical and contemporary issues involving due process.
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