Lesson 18
How Has the Due Process Clause of the Fourteenth Amendment Changed the Constitution?
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.Section 1
What is due process of law and where did the idea come from?- Discussion and research questions
Section 2
What are the essential elements of the adversarial system?- Discussion and research questions
Section 3
What is substantive due process?- Discussion and research questions
Section 4
What is the incorporation doctrine and what have been its consequences?- Discussion and research questions