Procedural Due Process

Valued as one of the most substantial legal doctrines, due process was developed from the English common law. The due process clause was seen as a vital guarantee that all legal proceedings will be impartial and that everyone is given notice of proceedings and an opportunity to be heard before the government restricts a person's life, liberty, or property. It acts as a safety net from arbitrary denial of those things previously mentioned (Carey, 2011). The Fifth and Fourteenth Amendments both contain a due process clause that limits the power of the federal and state governments and both state that no person shall be "deprived of life, liberty, or property without due process of law." (Carey, 2011, para. 1)
The Fifth Amendment has a reputation
Procedural due process involves the government applying and enforcing laws by following fair procedures that apply equally to everyone. Procedural safeguards play a huge role in criminal law and limit the government in taking action without an opportunity to object or be heard by an impartial judge and jury. The procedural due process assumes that the government is rightfully allowed to remove a right whether it is a government issued license or civil service professions, which the courts ruled as property (Gonzales, 2008). In contrast, the substantive due process examines the people the law will affect and it requires legislators to ensure these laws are not having an unfair impact on them. Enforcing laws that will impact citizens dependent on their race, religion, or freedom of speech is only validated if it promotes a governmental interest. Emphasis should be to ensure that laws adapt to substantive standards of rationality and fairness. Substantive due process questions whether the government has that right in the first place. Substantive due process requires governments to make thoughtful and informed determinations of common problems and