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Following the Civil War, the Fourteenth Amendment's due process clause prompted substantive due process interpretations to be urged on the Supreme Court as a limitation on state legislation. Initially, however, the Supreme Court rejected substantive due process as it came to be understood, including in the seminal Slaughter-House Cases. [18]
The Supreme Court has extended most, but not all, rights of the Fifth Amendment to the state and local levels. This means that neither the federal, state, nor local governments may deny people rights protected by the Fifth Amendment. The Court furthered most protections of this amendment through the Due Process Clause of the Fourteenth Amendment.
Critics of a substantive due process often claim that the doctrine began, at the federal level, with the infamous 1857 slavery case of Dred Scott v. Sandford. However, other critics contend that substantive due process was not used by the federal judiciary until after the Fourteenth Amendment was adopted in 1869. [51]
In U.S. constitutional law, rational basis review is the normal standard of review that courts apply when considering constitutional questions, including due process or equal protection questions under the Fifth Amendment or Fourteenth Amendment.
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law.
The Due Process Clause of the Fourteenth Amendment applies only against the states, but it is otherwise textually identical to the Due Process Clause of the Fifth Amendment, which applies against the federal government; both clauses have been interpreted to encompass identical doctrines of procedural due process and substantive due process. [77]
The due process clauses of the Fifth and Fourteenth Amendments apply generally to all stages of criminal proceedings. The Due Process Clause of the Fourteenth Amendment was the vehicle for the incorporation of all of the foregoing rights (with the exception of the Grand Jury Clause, the Vicinage Clause, and maybe the Excessive Bail Clause) to ...
As the United States Supreme Court has explained, a due process requirement in Britain was not "essential to the idea of due process of law in the prosecution and punishment of crimes, but was only mentioned as an example and illustration of due process of law as it actually existed in cases in which it was customarily used". [12]