Faculty and Due Process of Law

The Fifth and Fourteenth Amendments have almost identical language prohibiting actions by government that denies due process of law. The Fifth Amendment is directed to the federal government, stating, in part: “no person shall . . . be deprived of life, liberty, or property, without due process of law.” While the Fourteenth Amendment is an explicit prohibition against state government’s encroachment on personal freedom, stating, in part: “nor shall any State deprive any person of life, liberty, or property, without due process of law.”