Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
(the Due Process Clause requires the prosecution to prove beyond a reasonable doubt all of the elements included in the definition of the offense of which the defendant is charged; thus, when all of the elements are not included in the definition of the offense of which the defendant is charged, then the accused's due ...
The Tenth Amendment declares, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." In other words, states have all powers not granted to the federal government by the Constitution.
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The Fourteenth Amendment's Due Process Clause provides that no state may deprive any person of life, liberty, or property, without due process of law.
The three states that rejected the Amendment before later ratifying it were Georgia, North Carolina, and South Carolina. The two states that ratified the Amendment and later sought to rescind their ratifications were New Jersey and Ohio.
Instead, the Supreme Court established the right to travel based on its interpretation of several constitutional provisions. For example, Article IV of the U.S. Constitution states, in part: “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States...”
United States v. Claxton, 76 M.J. 356 (the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution).
Procedural due process refers to the constitutional requirement that when the government acts in such a manner that denies a citizen of life, liberty, or property interest, the person must be given notice, the opportunity to be heard, and a decision by a neutral decision-maker.