What is the scope of the due process clause of the US Constitution?

The due process clause of the US Constitution, commonly referred to as the Fifth Amendment, outlines the protection of rights that have been guaranteed to citizens. All persons must be granted due process in order to ensure that they receive fair and just treatment from the government. In New Hampshire, this clause applies to the state, its agencies, and in some cases its municipalities. The scope of the due process clause encompasses both procedural and substantive aspects of law. The procedural aspect mandates that all citizens be granted a fair process when their rights are subject to a government action. Thus, individuals are entitled to notice, an impartial hearing, and an unbiased decision-maker. The substantive aspect of the due process clause bars states from enacting laws that would infringe on certain fundamental liberty interests. This includes the right to travel, freedom of speech, the right to bear arms, and the right to certain legal protections like the right to counsel. In New Hampshire, due process applies to a wide range of proceedings including criminal proceedings, contract disputes, and administrative proceedings. It also works to protect the rights of minors, like the right to attend school and other matters relating to child custody. All in all, the due process clause serves as an important safeguard against unlawful governmental action and strives to protect individual rights.

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