Procedural Protections

Due Process

Plain-English Explanation

Due process guarantees that the government cannot take life, liberty, or property without fair procedures. It has two forms: procedural due process (fair procedures before deprivation) and substantive due process (protection of fundamental rights from government interference).

Relevant Provision

U.S. Const. amends. V and XIV, § 1.

Relevant Decisions

  • Mathews v. Eldridge

    424 U.S. 319 (1976)

    Established a balancing test for procedural due process weighing private interest, risk of error, and government interest.

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