Second, the Court has construed the Fourteenth Amendment's Due Process Clause to render many provisions of the Bill of Rights applicable to the states. 3 Civil Commitment and Substantive Due Process. See Amdt14.S1.6.1 Overview of Substantive Due Process to Amdt14.S1.6.5. The Court has also construed the Clause to protect substantive due process, holding that there are certain fundamental rights that the government may not infringe even if it provides procedural protections. See Amdt14.S1.5.1 Overview of Procedural Due Process to Amdt14.S1.5.8.2 Protective Commitment and Due Process. The Fourteenth Amendment's Due Process Clause guarantees procedural due process, meaning that government actors must follow certain procedures before they may deprive a person of a protected life, liberty, or property interest. 2 Footnoteįor discussion of the Fifth Amendment's Due Process Clause, see Amdt5.5.1 Overview of Due Process. First, the Court has construed the Clause to provide protections that are similar to those of the Fifth Amendment's Due Process Clause except that, while the Fifth Amendment applies to federal government actions, the Fourteenth Amendment binds the states. The Supreme Court has applied the Clause in two main contexts. The Fourteenth Amendment's Due Process Clause provides that no state may deprive any person of life, liberty, or property, without due process of law. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States nor shall any State deprive any person of life, liberty, or property, without due process of law nor deny to any person within its jurisdiction the equal protection of the laws. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
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