East Brunswick, NJ asked in Constitutional Law for New Jersey

Q: Why are there two due process clauses in the constitution?

If the due process clause of the fifth amendment had already been incorporated, what was the point of adding another in the fourteenth amendment? Is there any major difference between the two, as both are worded quite similarly?

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Little Neck, NY
  • Licensed in New Jersey

A: 'Good question. You are correct; they are worded similarly. The due process clause in the Fifth Amendment of the U.S. Constitution addresses procedural due process. The clause in the Fourteenth Amendment addresses substantive due process. Procedural generally means pertaining to hearings (such as criminal prosecutions), while substantive pertains to limitations on the government's power to infringe on certain constitutional freedoms. There's a lot more to it than this, but this is a simplification of the concept. Good luck

Tim Akpinar

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