Final answer:
The Due Process Clause is found in the Fifth and Fourteenth Amendments of the U.S. Constitution, ensuring no person is deprived of life, liberty, or property without fair legal procedures and protections, applying to both federal and state levels.
Step-by-step explanation:
The Due Process Clause is a paramount legal principle enshrined in the U.S. Constitution, meant to ensure fair treatment under the law. It is explicitly mentioned in two critical amendments: the Fifth Amendment and the Fourteenth Amendment. The Fifth Amendment provides protection at the federal level, stating that no person shall 'be deprived of life, liberty, or property, without due process of law.'
The Fourteenth Amendment, ratified after the Civil War in 1868, extends similar protections to the state level, affirming that no state can 'deprive any person of life, liberty, or property, without due process of law.' This concept also includes the Equal Protection Clause, which compels states to provide the same level of legal protection to all individuals within their jurisdictions.
Due process, both procedural and substantive, is the foundation for fair legal proceedings and governmental actions. Procedural due process refers to the steps that must be followed to ensure fair treatment, such as the right to a hearing, while substantive due process implies a more general principle of fair treatment by the government. The importance of due process was underscored in landmark Supreme Court cases which delineated the application and scope of this fundamental right.