User:Modrake21/Due process

United States
Every person within the jurisdiction of the United States, regardless of citizenship or immigration status, is protected by the guarantees of due process. Both procedural due process and substantive due process protect a person’s right to life, liberty, and property; however, they do so in different ways.

Procedural Due Process
Procedural due process is meant to ensure that the federal government does not deprive any person of life, liberty, or property without following the proper procedure(s). The proper procedures include (but are not limited to): notice of the deprivation, an opportunity for the person to be heard, and a decision by a neutral decision-maker.

Substantive Due Process
Substantive due process is concerned more with protecting individuals from government actions or legislation that exceed the government’s allotted authority and impede a person’s right to life, liberty, or property. The Supreme Court has used substantive due process to protect personal rights not listed explicitly in Constitution, such as the right to marry and the right to bodily autonomy.