5th and 14th Amendment
DUE PROCESS
SOL CE 8d

Due process of law: the constitutional protection against unfair governmental action and laws. Government must follow fair rules in a fair manner. This protection is guaranteed in two key amendments.

5th Amendment:
prohibits the national government from acting in an unfair manner

14th Amendment:
prohibits the state and local governments from acting in an unfair manner

Similarities:
What does due process guarantee a citizen?
• right to a fair and public trial
• right to be present at a trial
• right to an impartial jury
• right to be heard in one’s own defense
• laws must be written so that a reasonable person can understand what is criminal behavior