DUE PROCESS OF LAW

Amendment V

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

The Due Process Clause “raises no impenetrable barrier to the taking of a person's possessions,’ or liberty, or life. Procedural due process rules are meant to protect persons not from the deprivation, but from the mistaken or unjustified deprivation of life, liberty, or property.” Cary v Piphus, 435 U.S. 247, 259 ( 1978).

"And, unless justified as a valid exercise of the police power, the act assailed must be declared unconstitutional because the enforcement thereof has deprived Petitioner of his liberty and] property without due process of law.” Liggett Co. v. Baldridge, 278 U.S. 105, 111; (1928).

The “guaranty of due process … demands only that the law shall not be unreasonable, arbitrary, or capricious and that the means selected shall have a real and substantial relation to the object sought to be attained.” Nebbia v. New York, 291 U.S. 502, 525 (1934).

 “[T]he rights of life, liberty, and property .. are the fundamental rights which can only be taken away by due process of law.” Slaughter-House Cases, 83 U.S.(16 Wall) 36, 116 (1873).

Due process has represented the balance between the liberty of the individual and the demands of organized society. Poe v. Ullman, 367 U.S. 497, 542 (1961).

“The Fifth Amendment has been described as providing protection against all government invasion ‘of the sanctity of a man’s home and the privacies of life.’ ” Ravin v. State of Alaska, 537 P. 2d 494, 503 citing Boyd v. U.S, 116 U.S. 616, 630, 6 S. Ct. 24 (1886).