UNBIASED Politics Unbiased University: Everything You Need to Know About Separation of Church and State and Due Process
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Mar 9, 2026 A concise walkthrough of how the First Amendment shapes religion in public life, from school prayer to government funding. A tour of landmark court tests and the recent turn toward historical-tradition analysis. A clear primer on due process covering procedural safeguards, substantive rights, and major rulings that reshaped privacy, marriage, and abortion law.
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Two Due Process Clauses With Different Targets
- Due process appears in both the Fifth Amendment (federal government) and the Fourteenth Amendment (states), both prohibiting deprivation of life, liberty, or property without due process.
- The Fifth applies to federal actors; the Fourteenth incorporates protections against state governments via incorporation.
Procedural Due Process Is About Fair Procedures
- Procedural due process demands fair procedures (notice, hearing, impartial decision maker, warrants) before government deprives life, liberty, or property.
- It's applied when government action removes concrete interests like licenses or detains individuals without proper notice or hearing.
Substantive Due Process Creates Fundamental Unlisted Rights
- Substantive due process protects fundamental rights so central that government cannot infringe them even with fair procedures, covering unenumerated rights like marriage and parental autonomy.
- Courts decide which unlisted liberties qualify by assessing historical rootedness and whether they're implicit in ordered liberty.