{"id":30916,"date":"2016-04-04T20:33:52","date_gmt":"2016-04-05T01:33:52","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/constitution\/amendment5\/annotation07.html"},"modified":"2024-10-11T12:08:47","modified_gmt":"2024-10-11T17:08:47","slug":"annotation07","status":"publish","type":"constitution","link":"https:\/\/constitution.findlaw.com\/amendment5\/annotation07.html","title":{"rendered":"Substantive Due Process Under the Fifth Amendment"},"content":{"rendered":"\n
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Substantive Due Process Under the Fifth Amendment<\/h1>\n
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\n By Madison Hess, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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The Fifth Amendment\u2019s promise of \u201cdue process of law\u201d encompasses two distinct ideas. Procedural due process dictates the processes the government must follow. Substantive due process protects fundamental rights by limiting government interference with certain liberties, such as the right to marry.<\/p>\n\n <\/div>\n\n

The Fifth Amendment to the U.S. Constitution protects individual rights. One of its key components is substantive due process, which concerns rights that are essential to liberty. The incorporation of this doctrine safeguards certain rights against unjust government interference.<\/p>\r\n

Text of the Fifth Amendment<\/b><\/h2>\r\n

The substantive due process doctrine is rooted in the due process clause of the Fifth Amendment. This clause states that:<\/p>\r\n

"No person shall be… deprived of life, liberty, or property, without due process of law…"<\/p>\r\n

The text does not explicitly distinguish between procedural and substantive due process. However, over time the Supreme Court has expanded the clause\u2019s meaning to include both aspects.<\/p>\r\n

Substantive vs. Procedural Due Process<\/b><\/h2>\r\n

Procedural due process<\/a> and substantive due process are concepts from the Fifth Amendment. They both protect individual rights, but they do so in different ways. Substantive due process primarily focuses on what government actors can <\/i>do. Procedural due process focuses on how <\/i>they do it.<\/p>\r\n

Procedural Due Process<\/b><\/h3>\r\n

Procedural due process ensures that the government follows fair steps before taking away someone’s life, freedom, or property. This includes things like:<\/p>\r\n