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what amendment is due process

The right to “due process” appears in two amendments to the U.S. Constitution: the Fifth Amendment and the Fourteenth Amendment.

  • The Fifth Amendment says the federal government cannot deprive any person of “life, liberty, or property, without due process of law.”
  • The Fourteenth Amendment says states also cannot deprive any person of “life, liberty, or property, without due process of law.”

So, if you need a quick answer to “what amendment is due process?” the most accurate reply is:

Due process is protected by both the Fifth Amendment (federal government) and the Fourteenth Amendment (state governments).