Due Process

The right to due process of law has been recognized since 1215, when the Magna Carta was adopted. Historically, the right protects people accused of crimes from being imprisoned without fair judicial procedures and with established rules, such as the right to a trial, knowledge of the charges against you and the right to an attorney.

But the right now also protects deprivation of any property without a fair process (procedural due process), such as a hearing before welfare benefits are taken away, and the right to enjoy fundamental liberties without governmental interference (substantive due process). Both the Fifth and 14th Amendments to the Constitution contain a “due process clause,” which guarantees that Americans may not be deprived of due process by either the federal or state governments.

Justice Learning, The United States Constitution, what it says, what it means, A Hip Pocket Guide (Oxford University Press)