What is the 14th Amendment Due Process Clause?
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What is the 14th Amendment Due Process Clause?


In this video we’ll discuss the Due
Process Cause of the Fourteenth Amendment to the
United States Constitution. Generally speaking due process is a person’s right to fair government procedures. For example, a person cannot be sentenced to prison just because he’s suspected of
committing a crime. Before being sentenced to prison a defendant in the United States has a
right to a fair trial. in front of the jury. A right to a fair
trial in front of the jury is one of a
person’s rights to due process of law. The Fifth Amendment
to the United States Constitution provides among other things that the federal government cannot take
away a person’s life liberty or property without due process
of law. The part of the Fifth Amendment is
known as the due process clause of the Fifth
Amendment. But notice that the Fifth amendment only
refers to the federal government. The means that
the federal government in Washington DC can’t take away a
person’s life liberty, or property without due process
of law. But what about state governments? For example do state governments in
California and in New York have to worry about due
process? The answer is in the Fourteenth
Amendment to the United States Constitution which provides that state governments
cannot take away a person’s life, liberty, or property without due
process of law. We can think of the 14th amendment as a shield against state governments
just like the Fifth Amendment is a shield against the federal
government. Before a state government can take away someone’s life liberty or property the state government must also provide due process law just like the federal government. For
example because the Fourteenth Amendment’s Due
Process Clause a state government must provide someone
with a fair trial in front of a jury before sentencing him to prison. If you’d like to discuss the
14th amendment or any other matter relating to US law
stop by the message board and visit my blog. Also feel free
to make a comment below or to send me an email.

31 Comments

  • John Carey

    Does the government State or Federal have r the right to abridge any Constitutional provision? Do they have the right to Suspend the Constitution under Marshal Law?

  • Frondaro Delarge

    and what about the indefinite detention clause of the 2012 National Defense Authorization Act? as it pertains to the 14th amendment.

  • Scooter Ball

    I enjoyed your video. Are you doing Probono for California. I need a pro bono in CA to represent me VS DMV. they took my DL with out due process. The hearing officers took my DL .

  • Izumi Kelly

    Thanks a lot! So you mean that a standard set of procedures must be followed before any action is taken to punish persons accused of braking the law right?

  • Gala Korniyenko

    Can the person be jailed for several years during the investigation process without being accused by court, thus meaning that the person objectively is not guilty untill it is proved otherwise?

  • what? huh?

    So that leads to the question; What if Due Process is not provided to an individual and these two amendments are violated in a court proceeding.

  • N Kel

    if a person is deemed a victim by the federal magistrate…of a violation of  due process in their prosecution, can an individual (me) sue the state or another government for punative damages ? if no what relief can there be?

  • Charlie Abbot

    Would the withholding of evidence for a Grand Jury decision be a violation of the 14th? Seems pretty straightforward that "Equal Protection" would mean using ALL available data to sway the GJ one way or another.

  • strike R

    does this only refer to "prison" or does it refer to county jails, as well?
    I have a minor with accusations to committing a crime . she has not even been to court , seen a judge, and the county of Low Angels Probation Department already wants to force her into juvenile probation.

  • Carrol Lindsay

    Thanks for tbe explanation but I am still not clear on tbe term right to counsel in the six amendment. In Gidson case of Flordia he won his case & the. Supreme Court. ruled he was entitled to cou sel yo represent him his criminal. Is this action part of due process of the 14th amendment And other poor persons have the same right in court?

  • Tiara Houston

    So what if cps ask for termination cause it looks like I’m engaging in illegal activity cause way I dress on fb and flashing money but never gave me chance defend myself they. Brought it all up at end took my unsupervised visits and all but never said why to trial

  • PANTYEATR1

    i just learned something new about due process, however what if the state is operating under federal regulations and the state deprives am individual of life, liberty and property? is there redress for this? thanks

  • lenrhem1

    Hello my name is LEN Rhem I know this may seem silly bit can a state knowingly apply volence to someone who is not been changed

  • Jose Gonzalez

    Very good, I always wondered about the 5th Amendment as to whether it was incorporated into the 14th Amendment. But I never knew the application was different as to which due process applied to the state and federal courts. Very interesting.

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