Question

question 12 of 25
how does the due process clause in the fourteenth amendment differ from
the due process clause in the fifth amendment?
a. the clause in the fourteenth amendment gives the supreme
court the authority to decide whether federal laws have been
followed in particular cases.
b. the clause in the fourteenth amendment guarantees that the
government cannot take citizens property without following all
established laws.
c. the clause in the fourteenth amendment applies only to
protected classes that have historically experienced
discrimination.
d. the clause in the fourteenth amendment has been interpreted to
mean that state governments must provide some of the
protections in the bill of rights.

Explanation:

The Fifth Amendment's due - process clause applies to the federal government. The Fourteenth Amendment's due - process clause has been used in the doctrine of selective incorporation. This doctrine means that state governments must provide some of the protections in the Bill of Rights (which was originally only applicable to the federal government).

• Option A: Both the Fifth and Fourteenth Amendment's due - process clauses do not give the Supreme Court the authority to decide federal law - following in this unique way as described. The Supreme Court has general judicial review powers, but this is not the key difference.
• Option B: Both the Fifth and Fourteenth Amendment's due - process clauses relate to the government's taking of property (the Fifth Amendment has the Takings Clause which is related). So this is not a difference.
• Option C: The due - process clause in the Fourteenth Amendment is not limited to “protected classes that have historically experienced discrimination” in its basic application of due - process (though it has been used in cases involving such classes). The key difference is about the application to states regarding Bill of Rights protections.

Answer:

D. The clause in the Fourteenth Amendment has been interpreted to mean that state governments must provide some of the protections in the Bill of Rights.