The clause in the Fifth and Fourteenth Amendments that guarantees fair legal procedures, such as the right to a fair trial and the right to a lawyer.
The Bill of Rights: This document guarantees certain fundamental rights and liberties to individuals and establishes limitations on the government's power.
The Fourteenth Amendment: This constitutional amendment establishes the principle of equal protection under the law and applies the Bill of Rights to the states.
Due Process: This is a legal principle that ensures fair treatment and a fair hearing for individuals in legal proceedings.
Procedural Due Process: This involves establishing a set of legal procedures that must be followed when the government takes action against an individual.
Substantive Due Process: This involves protecting certain fundamental rights and liberties, such as the right to privacy or the right to marry, from arbitrary government interference.
State Action: This involves determining when government action triggers constitutional protections, as opposed to private action.
Selective Incorporation: This is the process by which the Supreme Court selectively applies the Bill of Rights to the states on a case-by-case basis.
The Rational Basis Test: This is a legal standard used to determine whether a law or government action is constitutional, based on whether it is rationally related to a legitimate government purpose.
The Intermediate Scrutiny Test: This is a legal standard used to determine whether a law or government action is constitutional, based on whether it is substantially related to an important government purpose.
The Strict Scrutiny Test: This is a legal standard used to determine whether a law or government action is constitutional, based on whether it is narrowly tailored to serve a compelling government interest.
Fundamental Rights: These are rights that are considered essential to the existence of a democratic society, such as the right to vote, the right to free speech, and the right to privacy.
Procedural Protections: These are legal safeguards that ensure the fairness of legal proceedings, such as the right to counsel and the right to a fair trial.
Substantive Protections: These are legal safeguards that protect fundamental rights and liberties from government interference, such as the right to privacy and the right to marry.
Due Process and Criminal Justice: This involves applying due process principles to criminal proceedings, such as the right to a fair trial, the right to counsel, and the right to be free from unreasonable searches and seizures.
Due Process and Civil Liberties: This involves applying due process principles to protect civil liberties, such as the right to free speech, the right to assembly, and the freedom of religion.
Due Process and Equal Protection: This involves applying due process principles to ensure that individuals are treated equally under the law, regardless of race, gender, or other characteristics.
Procedural Due Process: This clause holds that the government must observe appropriate procedures before depriving a person of life, liberty, or property.
Substantive Due Process: This clause holds that laws must be fair and reasonable and not violate fundamental human rights.
Equal Protection Clause: This clause prohibits the government from denying a group of people equal protection under the law.
Prohibition Against Ex Post Facto Laws: This clause prohibits the government from retroactively punishing a person for an act that was not illegal at the time it was committed.
Prohibition Against Bills of Attainder: This clause prohibits the government from punishing an individual without a trial.
Commerce Clause: This clause gives Congress the power to regulate commerce between states.
Takings Clause: This clause prohibits the government from taking private property for public use without just compensation.
Contracts Clause: This clause prohibits the government from interfering with the obligation of contracts.
Privileges and Immunities Clause: This clause prohibits states from discriminating against citizens of other states in favor of their own citizens.