The Due Process Clause of the Fourteenth Amendment serves three distinct functions in modern constitutional doctrine, in the words of the Supreme Court in 1986: “First, it incorporates [against ...

The Due Process Clause of the Fourteenth Amendment is exactly like a similar provision in the Fifth Amendment, which only restricts the federal government. It states that no person shall be ...

Lochner was fined $50 and sued, eventually winning in the U.S. Supreme Court based on the 14th Amendment’s due process clause ...

Max A. Clark asked an important question in a letter to the editor (J ournal, May 21), “How is deporting criminals ...

Eagle-eyed Constitution readers will notice that the 14th Amendment contains a “due process” clause very similar to the Fifth Amendment. This, says Rosen, was a technical addition to ensure ...

The first day of June marks the centennial of Pierce v. Society of Sisters, a landmark civil liberties decision in which the ...

Under our U.S. Constitution, the due process clause, found in both the Fifth Amendment (applies to the federal government) and Fourteenth Amendment (applies to the states), protects “any person ...

Substantive due process means that the government must give a compelling reason before infringing upon certain fundamental ...