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The "freedom of due process" refers to the constitutional guarantee, enshrined in the Fifth and Fourteenth Amendments, that no person shall be deprived of life, liberty, or property without due process of law, ensuring fair legal procedures and protections against arbitrary government action.
"Due process" generally refers to fair procedures and the right to be heard before the government can take action that affects a person's life, liberty, or property.
The concept of due process is rooted in the Fifth and Fourteenth Amendments of the United States Constitution.
Procedural Due Process: This ensures that government actions are carried out fairly and according to established procedures.
Substantive Due Process: This protects certain fundamental rights from government infringement, even if the government follows proper procedures.
The Fifth Amendment restricts the federal government, stating that no person shall be "deprived of life, liberty, or property, without due process of law".
The Fourteenth Amendment extends this protection to state governments, ensuring that no state shall "deprive any person of life, liberty, or property, without due process of law".
The right to a fair trial.
The right to be informed of the charges against you.
The right to legal representation.
The right to confront witnesses.
The right to present a defense.
Due process is a cornerstone of the American legal system, ensuring that the government does not act arbitrarily or unfairly against individuals.
The Due Process Clause of the Fourteenth Amendment is a key source of civil liberties, which are protections against government actions.
The Equal Protection Clause of the Fourteenth Amendment provides the basis for civil rights, which are protections against discrimination.
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Note: I am not an attorney, and I do not have the license to practice law. This is not legal advice. If you need legal help, please contact your state's bar for assistance.
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