![]() In the 1960s and 1970s, the Court adopted more expansive views of the liberty and property interests, holding that the Due Process Clause protects some non-traditional interests such as conditional property rights and liberty and property rights created by statute. 37, 40 (1877) ( The revenue laws of a State may be in harmony with the Fourteenth Amendment to the Constitution of the United States, which declares that no State shall deprive any person of life, liberty, or property without due process of law.). and the property interest attaches to the ownership of personal and real property. The Court has always accepted that the liberty interest includes the interest in freedom from physical restraint 5 FootnoteĮ.g., Allgeyer v. When considering whether a protected interest is at stake, the Supreme Court traditionally looked to the common understanding of the terms life, liberty, and property, as embodied in the common law. But the range of interests protected by procedural due process is not infinite.). When protected interests are implicated, the right to some kind of prior hearing is paramount. 564, 569–71 (1972) ( The requirements of procedural due process apply only to the deprivation of interests encompassed by the Fourteenth Amendment’s protection of liberty and property. ![]() Unless one of those protected interests is at stake, the Due Process Clause does not apply. Broadly speaking, procedural due process requires state actors to provide certain procedural protections before they deprive a person of any protected life, liberty, or property interest. ![]() 134 (1974) see also Amdt5.6.1 Overview of Due Process Procedural Requirements to Amdt5.6.3 Military Proceedings and Procedural Due Process. The Supreme Court has construed the Fourteenth Amendment’s Due Process Clause to impose the same procedural due process limitations on the states as the Fifth Amendment does on the Federal Government. The Due Process Clause of the Fourteenth Amendment provides that no state shall deprive any person of life, liberty, or property, without due process of law. ![]() 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. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. ![]()
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