Both the Fifth Amendment and the Fourteenth Amendment to the United States Constitution prohibit governmental deprivations of "life, liberty, or property, without due process of law." The Due Process Clause of the Fourteenth Amendment serves three distinct functions in modern constitutional doctrine: "First, it incorporates [against the States] specific protections defined in the Bill of Rights....Second, it contains a substantive component, sometimes referred to as ‘substantive due process.'...Third, it is a guarantee of fair procedure, sometimes referred to as ‘procedural due process.'..." Daniels v. Williams (1986) (Stevens, J., concurring).
Modern law interprets the Fifth and Fourteenth Amendments to impose the same substantive due process and procedural due process requirements on the federal and state governments. The doctrine of procedural due process under both amendments, as well as the definition of "life, liberty, or property" as the range of interests protected by