Which amendment guarantees due process rights for persons within the states?

Which amendment guarantees due process rights for persons within the states?

• A. The Thirteenth Amendment
• B. The Tenth Amendment
• C. The Eleventh Amendment
• D. The Fourteenth Amendment

Answer: (D)

Due process protections apply to state actions through the Fourteenth Amendment. The Due Process Clause says that states cannot deprive any person of life, liberty, or property without due process of law. Through a process called incorporation, most of the protections in the Bill of Rights have been applied to actions by state and local governments as well. The Fifth Amendment covers due process against the federal government, not the states, so it doesn’t guarantee state action rights. The other amendments have different purposes: the Thirteenth abolishes slavery, the Tenth reserves powers to the states, and the Eleventh limits lawsuits against states. So the amendment that guarantees due process rights for persons within the states is the Fourteenth.

Due process protections apply to state actions through the Fourteenth Amendment. The Due Process Clause says that states cannot deprive any person of life, liberty, or property without due process of law. Through a process called incorporation, most of the protections in the Bill of Rights have been applied to actions by state and local governments as well. The Fifth Amendment covers due process against the federal government, not the states, so it doesn’t guarantee state action rights. The other amendments have different purposes: the Thirteenth abolishes slavery, the Tenth reserves powers to the states, and the Eleventh limits lawsuits against states. So the amendment that guarantees due process rights for persons within the states is the Fourteenth.