Due Process of Law

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  • The exercise of governmental power with regard for the fundamental fairness of the rights of individuals. Due process of law distinguishes between procedural due process, which concerns how the law ought to be justly applied, and substantive due process, which examines the sources of fairness beyond the text of the Constitution. In American jurisprudence, the central premise of due process is that all levels of government must operate within the law and provide fair procedures. Due process for individuals is required when the state acts against their rights to life, liberty, and property.

    Procedural due process includes rights that dictate how the government can lawfully take a person's rights when the law gives it the power to do so. The law must be clear and fair ...

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