 | This is the sandbox page where you will draft your initial Wikipedia contribution.
If you're starting a new article, you can develop it here until it's ready to go live. If you're working on improvements to an existing article, copy only one section at a time of the article to this sandbox to work on, and be sure to use an edit summary linking to the article you copied from. Do not copy over the entire article. You can find additional instructions here. Remember to save your work regularly using the "Publish page" button. (It just means 'save'; it will still be in the sandbox.) You can add bold formatting to your additions to differentiate them from existing content. |
Article Draft
editLead
editUnited States
editEvery person within the jurisdiction of the United States, regardless of citizenship or immigration status, is protected by the guarantees of due process. [1][2]Both procedural due process and substantive due process protect a person’s right to life, liberty, and property; however, they do so in different ways.[2]
Procedural Due Process
editProcedural due process is meant to ensure that the federal government does not deprive any person of life, liberty, or property without following the proper procedure(s).[3] The proper procedures include (but are not limited to): notice of the deprivation, an opportunity for the person to be heard, and a decision by a neutral decision-maker.[4][5]
Substantive Due Process
editSubstantive due process is concerned more with protecting individuals from government actions or legislation that exceed the government’s allotted authority and impede a person’s right to life, liberty, or property. [6]The Supreme Court has used substantive due process to protect personal rights not listed explicitly in Constitution, such as the right to marry and the right to bodily autonomy.[6][7]
References
edit- ^ "Wong Wing v. United States, 163 U.S. 228, 16 S. Ct. 977, 41 L. Ed. 140, 1896 U.S. LEXIS 2260 – CourtListener.com". CourtListener. Retrieved 2021-10-13.
- ^ a b "Right to Due Process: Overview | Constitution Annotated | Congress.gov | Library of Congress". constitution.congress.gov. Retrieved 2021-10-13.
- ^ Chemerinsky, Erwin (1999) "Substantive Due Process," Touro Law Review: Vol. 15 : No. 4 , Article 15, available at https://digitalcommons.tourolaw.edu/lawreview/vol15/iss4/15
- ^ "Right to Due Process: Overview | Constitution Annotated | Congress.gov | Library of Congress". constitution.congress.gov. Retrieved 2021-10-13.
- ^ "Procedural due process". LII / Legal Information Institute. Retrieved 2021-10-13.
- ^ a b "Interpretation: The Fourteenth Amendment Due Process Clause | The National Constitution Center". constitutioncenter.org. Retrieved 2021-10-13.
- ^ Review, Stanford Law (2015-05-24). "Substantive Due Process as a Two-Way Street". Stanford Law Review. Retrieved 2021-10-13.