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; 

Adopted: 2015

BIG IDEAS

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 United States.

ESSENTIALS

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.

KEY VOCABULARY

Updated: Jul 11, 2017