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Under the [[Constitution of the United States]], lawyers speak of 2 types of "due process." | Under the [[Constitution of the United States]], lawyers speak of 2 types of "due process." | ||
'''Procedural due process''' requires the government to take certain steps before depriving anyone of (1) life, (2) liberty, or (3) property. Sending someone a notice is 1 such step. | '''Procedural due process''' requires the government to take certain steps before depriving anyone of (1) life, (2) liberty, or (3) property. | ||
*Sending someone a notice is 1 such step. | |||
*Affording someone the opportunity to be heard is another such step before a deprivation. | |||
'''Substanative due process''' means individuals have certain rights the government may not restrict without strong justification. Typically, substantive rights are not expressly mentioned in the U.S. Constitution. | '''Substanative due process''' means individuals have certain rights the government may not restrict without strong justification. Typically, substantive rights are not expressly mentioned in the U.S. Constitution. Sometimes, "fundamental rights" are said to be protected by substantive due process. | ||
==External links== | ==External links== | ||
*[https://www.quimbee.com/keyterms/fourteenth-amendment-due-process-clause 14th Amendment Due Process Clause], Quimbee | *[https://www.quimbee.com/keyterms/fourteenth-amendment-due-process-clause 14th Amendment Due Process Clause], Quimbee | ||
Latest revision as of 11:40, May 24, 2023
Under the Constitution of the United States, lawyers speak of 2 types of "due process."
Procedural due process requires the government to take certain steps before depriving anyone of (1) life, (2) liberty, or (3) property.
- Sending someone a notice is 1 such step.
- Affording someone the opportunity to be heard is another such step before a deprivation.
Substanative due process means individuals have certain rights the government may not restrict without strong justification. Typically, substantive rights are not expressly mentioned in the U.S. Constitution. Sometimes, "fundamental rights" are said to be protected by substantive due process.
External links
- 14th Amendment Due Process Clause, Quimbee
