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Procedural Due Process

Procedural Due Process

Learn about the Constitution’s core fairness principle and the specific considerations the Supreme Court has identified as being implicated whenever the government seeks to deprive individuals of life, liberty, or property.

Transcript

At its core, procedural due process is the idea that, even if the government isn’t unconstitutionally discriminating or infringing upon fundamental substantive rights, it must nevertheless act fairly before depriving individuals of life, liberty, or property, usually by providing notice of the deprivation and some kind of hearing in which it can be contested. As Justice Jackson once put it, quote, “only the untaught layman or the charlatan lawyer can answer that procedures matter not....