Editing Openai/67de0482-351c-8002-b540-3380139cb465 (section)

=== Assistant: Due process is a fundamental constitutional principle that ensures fair treatment under the law. ===
Due process is a fundamental constitutional principle that ensures fair treatment under the law. Several federal laws, constitutional provisions, and Supreme Court precedents define and protect due process rights. Below is a comprehensive list of the most relevant federal laws and constitutional provisions related to due process:

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* States that no person shall "be deprived of life, liberty, or property, without due process of law."
* Applies only to the federal government.

====== - Extends due process protections to state governments: - "No State shall... deprive any person of life, liberty, or property, without due process of law." - Incorporates substantive and procedural due process against state actions. ======

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* Allows individuals to sue state or local government officials for violating constitutional rights, including due process.

====== - Ensures fair procedures in federal agency rulemaking and adjudications. ======
* Requires agencies to provide notice and an opportunity to be heard before making decisions affecting rights.

====== - Establish procedural safeguards in civil and criminal cases, ensuring notice, hearings, and fair trials. ======

====== - Protects against unlawful detention by allowing individuals to challenge imprisonment or custody in federal court. ======

====== - Ensures a criminal defendant's right to a speedy trial, preventing unfair pretrial detention. ======

====== - Sets due process protections regarding surveillance and searches in national security cases. ======

====== - Governs due process protections for non-citizens, including rights in removal (deportation) proceedings. ======

====== - Regulates prisoners' ability to file civil rights lawsuits, impacting due process claims in correctional facilities. ======

====== - Enhances due process protections in class action lawsuits, ensuring fair notice and settlement procedures. ======

====== - Governs military tribunals for enemy combatants but has been challenged for due process concerns. ======

===== (Supreme Court interpretations shape how due process applies in real cases.) =====

====== - Goldberg v. Kelly (1970) – Requires a hearing before terminating welfare benefits. ======
* Mathews v. Eldridge (1976) – Established a test for due process in administrative actions.
* Hamdi v. Rumsfeld (2004) – U.S. citizens labeled as "enemy combatants" have due process rights.

====== - Lochner v. New York (1905) – Early substantive due process case on economic liberties. ======
* Griswold v. Connecticut (1965) – Recognized a right to privacy under due process.
* Roe v. Wade (1973) – Based abortion rights on substantive due process (later overturned in 2022).
* Washington v. Glucksberg (1997) – Defined the limits of substantive due process in assisted suicide cases.

===== (Ensures fair treatment for the accused and convicted.) =====
* Miranda v. Arizona (1966) – Requires informing suspects of their rights (Miranda warnings).
* Gideon v. Wainwright (1963) – Guarantees the right to an attorney in criminal cases.
* Brady v. Maryland (1963) – Prosecutors must disclose exculpatory evidence.
* Mapp v. Ohio (1961) – Prevents the use of illegally obtained evidence in court (exclusionary rule).
* Duncan v. Louisiana (1968) – Right to a jury trial in serious criminal cases.

===== (Protects individuals in government actions affecting their property or rights.) =====
* Board of Regents v. Roth (1972) – Defines what constitutes a protected property interest.
* Cleveland Board of Education v. Loudermill (1985) – Requires a hearing before terminating government employees.
* Plyler v. Doe (1982) – Extends due process protections to undocumented immigrants.

===== Federal due process protections are derived from constitutional amendments, federal statutes, Supreme Court rulings, and procedural rules. The Fifth and Fourteenth Amendments form the foundation, while various laws and cases ensure fair procedures and protect fundamental rights in different legal areas. =====

Would you like a deeper dive into any specific area of due process law?