Current Events: Due Process of Law - Civics Learning Project

Due process of law means that the government must follow fair procedures and ensure equal protection of the law, ensuring a fair and just legal process for the accused, regardless of age, race, gender, national origin or citizenship status. There have been times when due process was withheld in the U.S., usually under wartime executive orders.

The U.S. Constitution’s Fifth and Fourteenth Amendments guarantee due process, meaning no person can be deprived of life, liberty, or property without it. The origins of this concept come from the 1215 Magna Carta, issued by King John of England providing subjects’ rights even in a monarchy. Chapter 39 of this bedrock document provided that “[n]o free man shall be arrested or imprisoned . . . except by lawful judgment of his peers or by the law of the land.”

There are two main components of due process: procedural and substantive.

The 5th Amendment establishes that the government must follow procedures before depriving someone of their rights. Examples of these procedures include giving notice of rights and the opportunity to be heard by a neutral party (like a judge).

5th Amendment language: “nor be deprived of life, liberty, or property, without due process of law.”
Substantive Due Process protects fundamental rights from government interference, ensuring that laws and regulations are just and don’t unfairly target individuals. It examines if the law is being unjustly applied, even if proper procedures are followed. The 14th Amendment reinforces this with the language expanding this protection from federal to state government and adding the requirement of “equal protection of the law.”

14th Amendment language: “nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

The second Trump Administration has used emergency declarations to take actions, sometimes skipping due process procedures. In each incident, lawsuits have been filed and courts are weighing in. This week’s Current Event resources examine the history of due process of law in our government and current examples of when due process is not provided. Included are lesson plans on this core concept of justice including CLP’s lesson asking students to examine due process in their schools.

Essential Questions:

What historical circumstances created a need for due process of law to be codified?
How did the Magna Carta influence the foundational documents of the United States?
What are some procedures considered appropriate due process in the US?
Who should be afforded due process in the United States? Explain.

Vocabulary:

due process of law: a fundamental principle of fairness in all legal matters, both civil and criminal, especially in the courts.
procedural due process: the legal procedures the government must follow, including notice of rights and the opportunity to be heard, before depriving someone of their rights.
substantive due process: protects fundamental rights from government interference, ensuring that laws and regulations are just and don’t unfairly target individuals.
enumerated rights: rights laid out in the text of the constitution
unenumerated rights: rights considered fundamental even though not explicitly listed (enumerated) in the U.S. Constitution, also called implied rights. Examples include a right to privacy, right of bodily integrity, or to travel.