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The Fifth and Fourteenth Amendments to the United States Constitution both contain a Due Process Clause, which according to US constitutional law forbids the government from arbitrarily taking away someone's "life, liberty, or property" unless specifically permitted by law.
Prior to 2022, the U.S. Supreme Court gave these clauses a broad interpretation, coming to the conclusion that they offer three types of protection: procedural due process (in civil and criminal proceedings); substantive due process, which forbids the use of vague language in-laws; and they serve as the means of incorporating the Bill of Rights.
identification of the specific dictates of due process generally requires consideration of three distinct factors: first, the private interest that will be affected by the official action; second, the risk of an incorrect deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and, finally, the Government's interest, including the function involved in the official action.
The development of the law of personal jurisdiction has also been influenced by procedural due process, as it is fundamentally unfair for a state's legal system to seize someone's property without any relationship with them.
Therefore, a substantial component of U.S. constitutional law is focused on whether the kind of ties to a state is sufficient for that state to assert jurisdiction over a nonresident while still complying with procedural due process.
Learn more about the U.S. constitutional here:
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