What are the two types of due process in American law?

The correct response identifies the two fundamental types of due process in American law: procedural due process and substantive due process.

Procedural due process refers to the legal procedures that must be followed before a person can be deprived of life, liberty, or property. This concept ensures that individuals are given fair notice and an opportunity to be heard before any governmental action that affects their rights can take place. For instance, if someone is facing criminal charges, procedural due process requires that they receive a fair trial, which includes access to legal representation, the ability to present evidence, and the right to confront witnesses.

Substantive due process, on the other hand, focuses on the essence of the law itself and protects certain fundamental rights from government interference, regardless of the procedures used. This type of due process is concerned with whether the government has a sufficient justification for regulating or restricting certain rights and liberties, such as the right to marry, the right to privacy, and the right to raise children.

These two types of due process together ensure that laws are not only applied fairly but that they also respect and protect the fundamental rights enshrined in the Constitution.