Also known as:5th Amendment Due Process Clause · Due Process Clause of the Fifth Amendment
Written by attorneys · grounded in primary & secondary sources — see below
The constitutional command, found in the Fifth Amendment, that the federal government not deprive any person of life, liberty, or property without due process of law. It incorporates equal protection principles to bar grossly unreasonable discrimination by federal actors and supplies the vehicle for procedural safeguards in federal proceedings.
Sources & Authorities· 1 primary source
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Cases
Restatements
Casebooks
Study Supplements
How it applies
Common Examples
6
Federal School Racial Assignment
Fatou Fall enrolls her child at a federally operated magnet school in Washington, D.C. The principal assigns the child to a separate core classroom based solely on the child's self-reported race. Fatou sues in federal court alleging that the assignment denies her child equal treatment. The court applies the Fifth Amendment Due Process Clause and invalidates the policy because the explicit racial classification constitutes grossly unreasonable federal discrimination.
Federal Contraception Ban Challenge
Fumiko Fujimoto, a married Connecticut resident, seeks a prescription for contraception from a federally funded clinic. Federal regulations prohibit the clinic from providing the medication. Fumiko sues, claiming the ban intrudes on a protected liberty interest. The court holds that the Fifth Amendment Due Process Clause protects the decision to use contraception from unjustified federal interference.
Griswold v. Connecticut381 U.S. 479 (1965)
Congressional Seat Exclusion
Francesca Fiore wins election to the House but is excluded by a majority vote without any hearing or opportunity to contest the grounds. Fiore sues, asserting that the exclusion deprives her of a protected interest without due process. The court rules that the Fifth Amendment Due Process Clause requires at least minimal procedural safeguards before Congress may bar a duly elected member.
Powell v. McCormack395 U.S. 486 (1969)
Federal Disability Benefit Termination
Fernando Farrell receives federal disability benefits for several years. The agency terminates the benefits after an internal review but provides only written notice and no pre-termination hearing. Farrell sues, claiming the procedures violate due process. The court balances the private interest, risk of error, and government burden under the Fifth Amendment Due Process Clause and requires additional safeguards before termination.
Matthews v. Eldridge424 U.S. 319 (1976)
Taxpayer Standing for Federal Spending
Farid Farahani, a federal taxpayer, challenges a congressional appropriation that funds religious instruction at federally supported schools. Farahani sues under the Fifth Amendment Due Process Clause. The court grants standing because the taxpayer alleges a specific injury traceable to the federal expenditure and the clause supplies a judicially cognizable limit on such spending.
Flast v. Cohen392 U.S. 83, 95 (1968)
Juvenile Delinquency Proof Standard
Fatima Flores, a juvenile, faces federal delinquency proceedings based on alleged theft. The government seeks to prove the charges by a preponderance of the evidence. Flores argues that the Fifth Amendment Due Process Clause requires a higher standard. The court holds that the clause mandates proof beyond a reasonable doubt before a juvenile may be adjudicated delinquent.
In re Winship397 U.S. 358, 364, 90 S.Ct. 1068, 1073, 25 L.Ed.2d 368 (1970)
Common questions
Frequently Asked
4
Does the Fifth Amendment Due Process Clause apply equal protection principles to federal action?+
Yes. Although the Equal Protection Clause textually binds only the states, the Fifth Amendment Due Process Clause prohibits the federal government from engaging in grossly unreasonable discrimination, including racial segregation in federally operated schools and facilities.
Supporting sources
How does the Fifth Amendment Due Process Clause differ from the Fourteenth Amendment Due Process Clause?+
The Fifth Amendment Due Process Clause directly constrains only the federal government, while the Fourteenth Amendment Due Process Clause constrains the states. Both supply procedural protections and incorporate substantive liberties, but the Fifth Amendment serves as the vehicle for equal protection claims against federal actors.
What procedural requirements does the Fifth Amendment Due Process Clause impose before the federal government may terminate benefits?+
The clause requires a balancing of the private interest in continued benefits, the risk of erroneous deprivation, and the government's administrative burden. Written notice and an opportunity to respond in writing before suspension, followed by a later hearing, can satisfy the clause when the private interest is not as acute as in welfare termination cases.
Supporting sources
Does the Fifth Amendment Due Process Clause require proof beyond a reasonable doubt in federal juvenile proceedings?+
Yes. The clause mandates that the government prove every element of a delinquency charge beyond a reasonable doubt before a juvenile may be adjudicated delinquent in federal court.
Supporting sources
. We find no merit in these contentions. Appellants' "general welfare" contention erroneously treats the General Welfare
Clause
as a limitation upon congressional power. It is rather a…
declared that "[t]he words, due
process
of law,' were undoubtedly intended to convey the same meaning as the words by the law of the land' in Magna Charta. " Murray's Lessee v.…
. And it is no objection to the exertion of the power to regulate interstate commerce that its exercise is attended by the same incidents which attend the exercise of the police power of the…
Amendment
, any fact (other than prior conviction) that increases the maximum penalty for a crime must be charged in an indictment,…
Constitutional LawIndividual rights · Equal protectionNEXTGENFoundational