The Bill of Rights and the 14th Amendment

Fourteenth Amendment

What are the two types of due process?

The two types of due process are procedural due process and substantive due process. Procedural due process means that before the government can take away a life, liberty, or property interest of a person—such as a public employee’s job—the government must provide certain procedures, such as notice and a hearing to challenge to the governmental action. Substantive due process means that a law must on its substance be reasonable and rational rather than arbitrary or irrational. In other words, some laws are said to be so unreasonable as to violate due process.


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