Section 7.28 Procedural Due Process

• Library: Local Government Deskbook (2017 Ed.)

D. (§7.28) Procedural Due Process

The Fifth and Fourteenth Amendments have both substantive and procedural aspects. The procedural protections guarantee a certain “process” if a person is deprived of life, liberty, or property. There are questions as to when deprivations of life, liberty, and property have occurred so as to trigger the process requirement and questions as to how much process is due. In Mathews v. Eldridge, 424 U.S. 319, 335 (1976), the Supreme Court stated that it will consider the...