Simply stated, due process is a fundamental right guaranteed by the United States Constitution. The American concept of due process comes from English Common Law, which is rooted in the Magna Carta of 1215. That foundational document states that individuals cannot be punished or have their property taken without due legal process. This long-standing tradition was incorporated in the Fifth Amendment to the Constitution and applied to states in the Fourteenth Amendment. Both citizens and non-citizens have the right to due process which includes a chance to defend their rights and to have a fair hearing.

Can the Government Restrict or Eliminate Due Process?

Not legally. The Fifth and Fourteenth Amendments explicitly state that no person shall be deprived of life, liberty, or property without due process of law under any circumstance.

The government is required to respect due process before it can take actions that affect a person’s life, liberty, or property. This includes:

• Informing you of what is happening, such as why you’ve been arrested

• Providing you with a chance to challenge any accusations made against you

• Providing you with a fair and impartial jury of your peers should you go to trial

These rules are written in the Constitution and apply to everyone – regardless of origin, political beliefs, financial status or criminal status.

Why is Due Process Important?

At a high level, due process is the foundation of our legal system. We are not a monarchy or a dictatorship, meaning that power is derived from the people. The president is not allowed to disregard the Constitution and laws passed by the people’s representatives when dispensing justice.

At an individual level, due process protects us from arbitrary judgement by the government. Whether someone is fighting an eviction, seeking asylum, defending against criminal charges, or protecting custody of their children, we all rely on due process every time we engage with the justice system. Without due process, the government could unlawfully deport people, jail people for lengthy periods of time without a fair trial, demand money, seize homes or otherwise harm people without giving them a chance to defend themselves. Due process is not merely a formality or an obscure part of the law. It is a cornerstone of American justice. Our country was founded on the idea that the government cannot take away your rights and liberties arbitrarily and that everyone has a right to defend themselves in court.

“Empowering Voters” is a program of the League of Women Voters — New Ulm, a trusted source of nonpartisan voter information, serving New Ulm and the Brown County area to ensure free, fair and safe elections. To learn more, visit newulm.lwv.org or follow our Facebook page.

— This column was submitted by the the League of Women Voters in New Ulm on empowering voters