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An alternative phrase "life, liberty, and property", is found in the Declaration of Colonial Rights, a resolution of the First Continental Congress. The Fifth Amendment and Fourteenth Amendment to the United States Constitution declare that governments cannot deprive any person of "life, liberty, or property" without due process of law.
The Supreme Court has interpreted the Fifth Amendment's Due Process Clause to provide two main protections: procedural due process, which requires government officials to follow fair procedures before depriving a person of life, liberty, or property, and substantive due process, which protects certain fundamental rights from government ...
Procedural due process requires government officials to follow fair procedures before depriving a person of life, liberty, or property. [ 23 ] : 657 When the government seeks to deprive a person of one of those interests, procedural due process requires the government to afford the person, at minimum, notice, an opportunity to be heard, and a ...
Courts have asserted that such protections stem from the due process clauses of the Fifth and Fourteenth Amendments to the U.S. Constitution, which prohibit the federal and state governments, respectively, from depriving any person of "life, liberty, or property, without due process of law." Substantive due process demarcates the line between ...
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. [67] [68] [69] The Supreme Court has described due process consequently as "the protection of the individual against arbitrary action."
Government's duty under a social contract among the sovereign people was to serve the people by protecting their rights. These basic rights were life, liberty, and property. [91] Montesquieu's influence on the framers is evident in Madison's Federalist No. 47 and Hamilton's Federalist No. 78.
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Procedural due process is a legal doctrine in the United States that requires government officials to follow fair procedures before depriving a person of life, liberty, or property.