The Due Process Clause in the US Constitution is the fundamental guarantee that all proceedings against a person shall be fair, and that proper notice and an opportunity to be heard will be given before any action is imposed that may deprive a person of his life, liberty and property. It is also a constitutional guarantee that an ordinary person may use for his defense before the state deprives him of either of his life, liberty and property. It also ensures that should the state do so it must be reasonable, fair and just. This constitutional guarantee is embodied in the Fifth Amendment which states that “No person shall be…deprived of life, liberty and property without due process of law.”
The Fifth Amendment is one of the most commonly used provisions in the constitution especially by a person who is accused of a crime. The Due Process Clause is a guaranty against any arbitrariness on the part of the government whether committed by legislature, the executive or the judiciary. If the law itself unreasonably deprives a person of his life, or his liberty or his property, then he is denied the protection of due process. If the enjoyment of his rights is conditioned on an unreasonable requirement of law the due process is likewise violated. Any government act that militates against the ordinary norms of justice or fair play is considered an infraction of the great guaranty of due process and this is true whether the denial involves violation merely of the procedure prescribed by the law or affects the validity of the law itself.
Because of the due process requirement, legislators cannot simply pass legislations providing that individuals who are caught stealing shall immediately be convicted with imprisonment. The legislators cannot likewise pass laws which prohibit certain individuals from speaking certain languages in the community. Neither can the law enforcement officers be allowed to simply arrest individuals and...