Social Studies - 2017-18
GOVT.11b - Due Process in the Fifth and Fourteenth Amendments
The student will apply social science skills to understand civil liberties and civil rights by
b) analyzing due process of law expressed in the Fifth and Fourteenth Amendments;
Big Themes/Concepts: Change, Rights & Responsibilities
How has the Constitution lasted through changing times?
How can the judiciary balance individual rights with the common good?
Why are there ongoing struggles for civil rights?
UNDERSTANDING THE STANDARD
The right to due process of law is
outlined in the Fifth and Fourteenth
Amendments to the Constitution of the
Two types of due process of law
Procedural due process of law: The government must use fair proceedings.
Substantive due process of law: The laws under which the government acts must be constitutional.
Amendments protecting due process of law
The Fifth Amendment prohibits the national government from acting in an unfair or arbitrary manner.
The Fourteenth Amendment prohibits state and local governments from acting in an unfair or arbitrary manner.