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?

Related Topics:
1 Lawyer Answer
Tim Akpinar
Tim Akpinar
Answered
  • 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

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.