Question

Due process is the concept that individuals have rights and those rights cannot be taken away without lawful judgment. Based on your reading of this section of the Fourteenth Amendment to the Constitution, how was this concept changed? “…No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” The amendment removed rights that states had already granted to individuals. The amendment expanded the protections of due process to state laws. The amendment added due process as a new right. The amendment changed the definition of due process to include life, liberty, and property. The amendment limited who had jurisdiction in cases involving questions of due process.

Answer 1

The concept of due process in the Fourteenth Amendment to the Constitution had changed by expanding the protections of due process to state laws.

Answer 2

The concept of due process in the Fourteenth Amendment to the Constitution had changed by expanding the protections of due process to state laws. The amendment can be broken in two categories namely; procedural due process and substantive due process. The procedural due process addresses which legal procedures are required to be followed in state proceedings while the substantive due process evaluates whether a law can be applied by states at all, regardless of the procedure followed such as liberty of contract or privacy.