Due Process

The U.S. Constitution guarantees every person within the jurisdiction of the United States protection against arbitrary government action through the Due Process Clause. The Due Process Clause that protects against arbitrary action by the federal government can be found in the Fifth Amendment; it states in pertinent part: “No person shall… be deprived of life, liberty, or property, without due process of law.” The Due Process Clause applicable to states and state agencies, including school boards, is in the Fourteenth Amendment, which provides in pertinent part: “No State shall… deprive any person of life, liberty or property, without due process of law.”

There are two aspects to the Due Process Clause: substantive due process and procedural due process. The Substantive Due Process Clause provides protection for ...