Due Process by Ava

AP

Due Process

The principle that the government must respect all legal rights owed to individuals and follow fair procedures. 

Procedural Due Process

Ensures the government follows fair procedures before depriving someone of life, liberty, or property. 

Substantive Due Process

Protects fundamental rights from government interference, even if procedures are followed. 

Fourteenth Amendment

Extends due process protections to state and local governments. 

Fifth Amendment

Ensures federal due process rights, including protections against self-incrimination and double jeopardy. 

Incorporation Doctrine

The process by which the Supreme Court applies the Bill of Rights to states via the Fourteenth Amendment. 

Eminent Domain

The government’s power to take private property for public use, provided fair compensation is given (**Takings Clause**). 

Miranda Rights

The requirement that police inform individuals of their rights when being arrested

Gitlow v. New York

Began the process of incorporating the Bill of Rights, applying free speech protections to states. 

Miranda v. Arizona

Established Miranda rights, requiring law enforcement to inform suspects of their legal protections. 

McDonald v. Chicago

Applied the Second Amendment right to bear arms to states through due process. 

Roe v. Wade

Used substantive due process to protect the right to privacy regarding abortion decisions.