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Lesson 18: How Has the Due Process Clause of the Fourteenth Amendment Changed the Constitution?

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Lesson Purpose

The Fifth Amendment limits only the national government, but the Fourteenth Amendment guarantees that states shall not deprive people of life, liberty, or property without "due process of law." The Constitution does not define "due process of law." However, the concept has deep roots in English history, and it has played a central role in Americans' understanding of whether government actions affecting life, liberty, and property are valid. This lesson explains how the interpretation of due process has changed in American law since the adoption of the Fourteenth Amendment and how the requirement of due process has been used to protect the rights of individuals against actions by state governments.

Lesson Objectives

When you have finished this lesson, you should  be able to
  • explain the historical origins of due process,
  • explain the difference between procedural and substantive due process,
  • define the concept of incorporation and describe its effect on the powers of the states, and
  • evaluate, take, and defend positions on historical and contemporary issues involving due process.

Lesson Terms

adversary system
A system of justice in which court trials are essentially contests between accuser and accused that take place before an impartial judge or jury.
due process of law
fundamental rights
incorporation
inquisitorial system
procedural due process
substantive due process

Lesson Biographies

John, King of England (1167-1216 CE)
Locke, John (1632-1704 CE)

Lesson Court Cases

Plessy v. Ferguson (1896)
Heart of Atlanta Motel v. United States (1964)
Dunn v. Blumstein (1972)
Stanton v. Stanton (1975)
University of California Regents v. Bakke (1978)
PGA Tour, Inc. v. Martin (2001)
Gratz v. Bollinger (2003)
Grutter v. Bollinger (2003)
Ricci v. Destefano (2009)

Lesson Primary Sources

Magna Carta

From Wikipedia: Magna Carta, is an English legal charter, originally issued in 1215, the first document ever served to an English king by his subjects. Magna Carta required King John to proclaim certain rights, respect certain legal procedures, and accept that his will could be restricted by the law. It explicitly protected certain rights of the King's subjects and supported what became the writ of habeas corpus, allowing appeal against unlawful imprisonment. Magna Carta was arguably the most significant early influence on the extensive historical process that led to the rule of constitutional law today in the much of the world.

Access the Material

United States Constitution
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