due process rights are located in the fifth and fourteenth amendments of the constitution.
where are due process rights located in the constitution?
the fifth and fourteenth amendments
due process clause









































the fifth and fourteenth amendments to the united states constitution each contain a due process clause. due process deals with the administration of justice and thus the due process clause acts as a safeguard from arbitrary denial of life, liberty, or property by the government outside the sanction of law. the supreme court of the united states interprets the clauses broadly, concluding that these clauses provide four protections: procedural due process (in civil and criminal proceedings), substantive due process, a prohibition against vague laws, and as the vehicle for the incorporation of the bill of rights.
due process clause
the current majority view of the supreme court supports substantive due process rights in a number of areas. an alternative to strict originalist theory is advocated by supreme court justice stephen breyer, one of the court's supporters of substantive due process rights. breyer believes the justices need to look at cases in light of how their decisions will promote what he calls "active liberty", the constitution's aim of promoting participation by citizens in the processes of government. that is an approach that ostensibly emphasizes "the document's underlying values" and a broad look at a law's purpose and consequences. critics charge that such an approach would also give judges the ability to look very broadly at the consequences and unwritten purpose of constitutional provisions, such as the due process clause, thus removing issues from the democratic process.
substantive due process