Constitutional law defines the limits of powers granted in the Constitution and balances the rights of individuals whose rights are in conflict. The Fourteenth Amendment to the United States Constitution says that no state is allowed to deprive a person of life, liberty, or property without due process of law. The Fifth Amendment has similar wording, but it applies to the federal government. Thus, in order to protest an action under these amendments, a plaintiff must show that the action is state action. Procedural due process means that the government will not deprive a person of life, liberty, or property without first giving the person legal process.
Legal process means some kind of legal notice or opportunity for a hearing.
For example, the government must hold an evidentiary hearing before terminating welfare benefits. Similarly, procedural due process requires a public school to give a student an opportunity to explain before he or she is expelled. Substantive due process is the right to be free from arbitrary or unreasonable government actions, including unreasonable laws. In other cases, such as when the government enacts taxation or zoning laws, the personal rights involved are not as fundamental, and the Court will uphold the law as long as the government's motives are not arbitrary or irrational. Equal Protection Equal protection means simply that laws are supposed to protect people equally.