Local Health Officer Training

Section 7: How Do I Enforce the Law?

What is Due Process?

Protecting Individual Rights- The Essential Elements of Due Process of Law

The 5th Amendment says that the government cannot deprive a person of "life, liberty, or property, without due process of law." The 14th Amendment extends this restriction to the states. Due process means the government must act clearly and in accordance with established rules – it must use fair procedures. Procedural due process refers to the methods government must use; substantive due process refers to the fair policies under which government must operate.

The states have the power to protect and promote public health, safety, morals, and general well-being of all of the people. This power is called the police power, and the states may not use it in violation of two process. When its use conflicts with civil rights protections, the court must balance the needs of society against individual rights.

 

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