The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Usually considered one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to formerly enslaved Americans following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions such as Brown v. Board of Education (1954) regarding racial segregation, Roe v. Wade (1973) regarding abortion, Bush v. Gore (2000) regarding the 2000 presidential election, Obergefell v. Hodges (2015) regarding same-sex marriage, and Students for Fair Admissions v. Harvard (2023) regarding race-based college admissions. The amendment limits the actions of all state and local officials, and also those acting on behalf of such officials.
Due process of law is application by the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a person are respected. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law.
Bolling v. Sharpe, 347 U.S. 497 (1954), is a landmark United States Supreme Court case in which the Court held that the Constitution prohibits segregated public schools in the District of Columbia. Originally argued on December 10–11, 1952, a year before Brown v. Board of Education, Bolling was reargued on December 8–9, 1953, and was unanimously decided on May 17, 1954, the same day as Brown. The Bolling decision was supplemented in 1955 with the second Brown opinion, which ordered desegregation "with all deliberate speed". In Bolling, the Court did not address school desegregation in the context of the Fourteenth Amendment's Equal Protection Clause, which applies only to the states, but rather held that school segregation was unconstitutional under the Due Process Clause of the Fifth Amendment to the United States Constitution. The Court observed that the Fifth Amendment to the United States Constitution lacked an Equal Protection Clause, as in the Fourteenth Amendment to the United States Constitution. However, the Court held that the concepts of equal protection and due process are not mutually exclusive, establishing the reverse incorporation doctrine.
Substantive due process is a principle in United States constitutional law that allows courts to establish and protect certain fundamental rights from government interference, even if they are unenumerated elsewhere in the U.S. Constitution. Courts have asserted that such protections come from the due process clauses of the Fifth and Fourteenth amendments to the U.S. Constitution, which prohibit the federal and state governments, respectively, from depriving any person of "life, liberty, or property, without due process of law". Substantive due process demarks the line between those acts that courts hold to be subject to government regulation or legislation and those that courts place beyond the reach of governmental interference. Whether the Fifth or Fourteenth Amendments were intended to serve that function continues to be a matter of scholarly as well as judicial discussion and dissent. In recent opinions, Justice Clarence Thomas has called on the Supreme Court to reconsider all of its rulings that were based on substantive due process.
A Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibit the deprivation of "life, liberty, or property" by the federal and state governments, respectively, without due process of law.
Pierce v. Society of Sisters, 269 U.S. 510 (1925), was an early 20th-century United States Supreme Court landmark decision striking down an Oregon statute that required all children to attend public school. The decision significantly expanded coverage of the Due Process Clause in the Fourteenth Amendment to the United States Constitution to recognize personal civil liberties. The case has been cited as a precedent in more than 100 Supreme Court cases, including Roe v. Wade, and in more than 70 cases in the courts of appeals.
Immigration and Naturalization Service v. Chadha, 462 U.S. 919 (1983), was a United States Supreme Court case ruling in 1983 that the one-house legislative veto violated the constitutional separation of powers.
Milan Dale Smith Jr. is an American attorney and jurist serving as a United States circuit judge of the United States Court of Appeals for the Ninth Circuit. Smith's brother, Gordon H. Smith, was a Republican U.S. Senator from 1997 to 2009. Milan Smith is neither a Republican nor a Democrat.
Cantwell v. Connecticut, 310 U.S. 296 (1940), is a landmark court decision by the United States Supreme Court holding that the First Amendment's federal protection of religious free exercise incorporates via the Due Process Clause of the Fourteenth Amendment and so applies to state governments too.
Sham peer review or malicious peer review is a name given to the abuse of a medical peer review process to attack a doctor for personal or other non-medical reasons. The American Medical Association conducted an investigation of medical peer review in 2007 and concluded that while it is easy to allege misconduct and 15% of surveyed physicians indicated that they were aware of peer review misuse or abuse, cases of malicious peer review able to be proven through the legal system are rare.
Cleveland Board of Education v. Loudermill, 470 U.S. 532 (1985), was a United States Supreme Court case in which the Court held that:
Parratt v. Taylor, 451 U.S. 527 (1981), was a case decided by the United States Supreme Court, in which the court considered the applicability of Due Process to a claim brought under Section 1983.
The Fifth Amendment to the United States Constitution creates several constitutional rights, limiting governmental powers focusing on criminal procedures. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights.
Connecticut v. Doehr, 501 U.S. 1 (1991), was a United States Supreme Court case in which the Court held that a state statute authorizing prejudgment attachment of a defendant's real property upon the filing of an action without prior notice or hearing, a showing of extraordinary circumstances, or a requirement that the plaintiff post a bond violates the Due Process Clause of the Fourteenth Amendment.
Moore v. City of East Cleveland, 431 U.S. 494 (1977), was a United States Supreme Court case in which the Court ruled that an East Cleveland, Ohio zoning ordinance that prohibited Inez Moore, a black grandmother, from living with her grandchild was unconstitutional. Writing for a plurality of the Court, Associate Justice Lewis F. Powell Jr. ruled that the East Cleveland zoning ordinance violated substantive due process because it intruded too far upon the "sanctity of the family." Justice John Paul Stevens wrote an opinion concurring in the judgment in which he agreed that the ordinance was unconstitutional, but he based his conclusion upon the theory that the ordinance intruded too far upon the Moore's ability to use her property "as she sees fit." Scholars have recognized Moore as one of several Supreme Court decisions that established "a constitutional right to family integrity."
Arnett v. Kennedy, 416 U.S. 134 (1974), was a United States Supreme Court case in which the Court rejected a nonprobationary federal civil service employee's claim to a full hearing prior to dismissal over charges he had brought the government into disrepute by recklessly accusing a superior of corruption. The governing federal law prescribed not only grounds for removal but also removal procedures. The employee could only be removed for "cause," but the procedures did not provide for an adversarial hearing prior to termination. The Court also rejected the respondent's claim that his First Amendment rights were violated.
Taylor v. Illinois, 484 U.S. 400 (1988), is a United States Supreme Court decision in which the Court held that defense witnesses can be prevented from testifying under certain circumstances, even if that hurts the defense's case. Taylor was the first case to hold that there is no absolute bar to blocking the testimony of a surprise witness, even if that is an essential witness for the defendant, a limitation of the broad right to present a defense recognized in Washington v. Texas (1967).
Logan v. Zimmerman Brush Co., 455 U.S. 422, is a unanimous 1982 decision of the U.S. Supreme Court concerning the Due Process Clause of the Fourteenth Amendment. The Court held that the petitioner was entitled to have his discrimination complaint adjudged by Illinois's Fair Employment Practices Commission (FEPC), which had dismissed it for its own failure to meet a deadline. The decision reversed the Illinois Supreme Court's holding to the contrary two years prior.
Kowalski v. Berkeley County Schools, 652 F.3d 565 (2011), was a freedom of speech case of the United States Court of Appeals for the Fourth Circuit over the online speech of a public school student. The appeals court affirmed the decision of the district court that the student's suspension for online harassment of a fellow student was constitutional.
