Question

There are two amendments that ensure that individuals are not deprived of "life, liberty or property, without due process of law." One is the Fifth Amendment, and the other is an amendment with a due-process clause that assures that certain rights do not belong to the states. Which amendment is that?

Answer 1

Both the Fifth Amendment and the Fourteenth Amendment to the United States Constitution prohibit governmental deprivations of "life, liberty, or property, without due process of law." The Due Process Clause of the Fourteenth Amendment serves three distinct functions in modern constitutional doctrine: "First, it incorporates [against the States] specific protections defined in the Bill of Rights....Second, it contains a substantive component, sometimes referred to as ‘substantive due process.'...Third, it is a guarantee of fair procedure, sometimes referred to as ‘procedural due process.'..." Daniels v. Williams (1986)