1. What is the difference between the due process in the Fifth Amendment and the Fourteenth Amendment and why is the difference significance?
Any help or links would be helpful.
http://www.dictionary.com/browse/fourteenth-amendment
Google 5th amendment.
The Fifth Amendment to the United States Constitution states that no person shall be deprived of "life, liberty, or property, without due process of law." On the other hand, the Fourteenth Amendment extends this protection to state governments, ensuring that they also cannot deprive individuals of their rights without "due process of law."
The key difference between the due process clauses in the Fifth and Fourteenth Amendments is who is governed by them. The Fifth Amendment applies to the federal government, while the Fourteenth Amendment applies to state governments. This means that the Fifth Amendment constrains the actions of the federal government, whereas the Fourteenth Amendment places constraints on the actions of state governments.
The significance of this difference lies in the fact that the Fourteenth Amendment greatly expanded the scope of due process protections. Prior to its ratification in 1868, the Bill of Rights only applied to the federal government. This meant that individuals whose rights were violated by state governments had no constitutional recourse. However, the Fourteenth Amendment's due process clause extended these protections to the states, ensuring that individuals' fundamental rights are safeguarded at both the federal and state levels.
To delve deeper into this topic, you may find the following resources helpful:
1. Fifth Amendment of the U.S. Constitution: This is the text of the Fifth Amendment itself, which provides the initial understanding of its due process clause.
Link: [https://www.law.cornell.edu/constitution/fifth_amendment](https://www.law.cornell.edu/constitution/fifth_amendment)
2. Fourteenth Amendment of the U.S. Constitution: This is the text of the Fourteenth Amendment, including its due process clause. It gives you an understanding of the extension of due process protections to the states.
Link: [https://www.law.cornell.edu/constitution/amendmentxiv](https://www.law.cornell.edu/constitution/amendmentxiv)
3. Oyez - Due Process: This resource provides further explanations and key court cases related to due process in the United States.
Link: [https://www.oyez.org/search?q=due+process](https://www.oyez.org/search?q=due+process)
Remember to consult credible legal sources and seek professional advice for a comprehensive understanding of constitutional issues.