{"id":272,"date":"2023-06-02T14:08:32","date_gmt":"2023-06-02T14:08:32","guid":{"rendered":"https:\/\/blogs.dalton.org\/theconstitution\/amendment-v-the-due-process-clause\/"},"modified":"2023-06-02T14:43:38","modified_gmt":"2023-06-02T14:43:38","slug":"amendment-v-the-due-process-clause","status":"publish","type":"post","link":"https:\/\/blogs.dalton.org\/theconstitution\/amendment-v-the-due-process-clause\/","title":{"rendered":"Amendment V &#8211; The Due Process Clause"},"content":{"rendered":"\n<h3 class=\"wp-block-heading\">Video<\/h3>\n\n\n\n<figure class=\"wp-block-embed is-type-video is-provider-youtube wp-block-embed-youtube wp-embed-aspect-16-9 wp-has-aspect-ratio\"><div class=\"wp-block-embed__wrapper\">\n<div class=\"entry-content-asset\"><iframe loading=\"lazy\" title=\"Amendment 5 - The Due Process Clause\" width=\"600\" height=\"338\" src=\"https:\/\/www.youtube.com\/embed\/VeKkJEP_NVI?feature=oembed\" frameborder=\"0\" allow=\"accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share\" referrerpolicy=\"strict-origin-when-cross-origin\" allowfullscreen><\/iframe><\/div>\n<\/div><\/figure>\n\n\n\n<h3 class=\"wp-block-heading\">Written Component<\/h3>\n\n\n\n<p><p><span style=\"font-weight: 400\">The right to due process clause of the Fifth amendment in the Constitution guarantees that no person can be deprived of life, liberty, or property without undergoing due process of law. This clause originated in a desire to protect individuals from excessive governmental power and secure fundamental rights. American colonists were subjected to arbitrary arrests, unfair trials, and property seizures without a fair trial under British rule. Evidence of their discontent under British rule is evident in situations such as the Shaysite Grievances. The clause was a response to the oppressive practices of British rule and a reflection of the belief that no one should be forced to incriminate themselves or suffer without proper legal procedures.<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><span style=\"font-weight: 400\">The clause states that individuals have the right to a fair trial in a court of law, a defense attorney, and freedom from self-incrimination. This is known as procedural due process. The concept of \u201clife, liberty, and property\u201d in the clause connects to our discussions of ideas that originated from the Enlightenment. It had many thinkers who argued that people have unalienable rights, including John Locke, responsible for \u201cThe Second Treatise of Government\u201d, where the quote \u201clife, liberty, and possession\u201d can be seen. He argued that these were basic human rights, and his words heavily influenced colonists to rebel against British rule. They were thus integrated into the documents that were made when the nation was founded, such as the Constitution.<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><span style=\"font-weight: 400\">However, there has been controversy to what extent the justice department can exercise the overturning of laws. This is where a term called \u201csubstantive due process\u201d arises. It is a legal argument that attempts to interpret how much the due process clause of the Constitution protects certain fundamental rights that are not explicitly listed in the text. The clause implies that the government cannot infringe on the rights of life, liberty, or property, even if no specific provision explicitly defines those terms. They recognize that individuals possess inherent rights that are fundamental to their liberty, such as the right to privacy, bodily autonomy, and freedom of expression. However, it has been a subject of controversy, since some argue that it grants too little power to the judiciary branch. Others argue that substantive due process is essential in ensuring that the government does not restrict fundamental rights. The divergent interpretations revolve around the extent of due process protections, particularly concerning balance between individual rights and societal interests.&nbsp;<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><span style=\"font-weight: 400\">A case that is illustrative of the tensions around substantive due process is Roe V Wade. Recently, the case has been a controversial discussion regarding the right to abortion. This is where substantive due process becomes a significant basis for the argument that there is a fundamental right to privacy that the government should not have the authority to restrict.&nbsp; In 1973, it was decided that privacy encompasses a woman&#8217;s right to have an abortion based on these principles. The case has arisen again after the ruling was overturned, but this clause is still a justification that women have a right to bodily autonomy.&nbsp;<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><span style=\"font-weight: 400\">At present, this clause does not require amending, because it ensures that everyone is granted a fair trial with an impartial jury and a defense attorney. Altering a clause that has historically protected so many from having their rights limited by excessive governmental control could be detrimental to the concept of the Fifth amendment itself.&nbsp;<\/span><\/p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The right to due process clause of the Fifth amendment in the Constitution guarantees that no person can be deprived of life, liberty, or property without undergoing due process of law.<\/p>\n","protected":false},"author":6529,"featured_media":316,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[131,132,21,102,130,79,46,95,98,96,19,40],"class_list":["post-272","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized","tag-aliza","tag-aliza-struck","tag-amendment","tag-amendment-5","tag-amendment-v-the-due-process-clause","tag-clause","tag-constitution-project","tag-due","tag-due-process","tag-process","tag-the","tag-v"],"_links":{"self":[{"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/posts\/272","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/users\/6529"}],"replies":[{"embeddable":true,"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/comments?post=272"}],"version-history":[{"count":0,"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/posts\/272\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/media\/316"}],"wp:attachment":[{"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/media?parent=272"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/categories?post=272"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/tags?post=272"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}