Also known as:law of the land clause · laws of the land clauses · due process clauses
Written by attorneys · grounded in primary & secondary sources — see below
Constitutional provisions found in the Fifth and Fourteenth Amendments that prohibit the federal and state governments from depriving any person of life, liberty, or property without due process of law. These clauses impose limits on the power of states to extend the jurisdiction of their courts or the range of application of their law and require notice and an opportunity to be heard before a judgment affecting interests may be rendered.
Sources & Authorities
How it applies
Common Examples
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Interracial Marriage Ban Challenged
Lars Lindstrom, a Black resident of State A, married a white spouse in State B and later sought recognition of the marriage for inheritance purposes after moving to State A. State A officials refused to recognize the marriage under a statute declaring interracial unions void. The court applied the law of the land clauses to strike down the refusal because the racial classification lacked any legitimate purpose independent of invidious discrimination and burdened the fundamental right to marry.
Defendant Barred From Testifying
Logan Lane faced criminal charges and sought to testify in his own defense after an evidentiary rule threatened to exclude his account. The trial court applied the rule to bar his testimony. The appellate court held that the law of the land clauses prevented the arbitrary restriction because it disproportionately impaired the defendant's constitutional right to present a defense.
Select any source to read its text and confirm it supports the definition.
Cases
Restatements
Hornbooks
Juvenile Denied Hearing Opportunity
Luis Lopez, a minor facing delinquency proceedings, was committed to a state facility without notice to his parents or an opportunity to present witnesses. The court applied the law of the land clauses to invalidate the commitment order because the absence of procedural safeguards violated due process requirements for notice and a hearing.
In re Gault387 U.S. 1, 13, 87 S.Ct. 1428, 1436, 18 L.Ed.2d 527 (1967)
Voter Dilution Claim Raised
Lily Lopez challenged a state legislative apportionment plan that diluted her vote by creating districts of unequal population. The court applied the law of the land clauses to require justiciable standards ensuring equal protection in the electoral process rather than treating the claim as a nonjusticiable political question.
Baker v. Carr369 U.S. 186, 211
Assisted Suicide Ban Tested
Lila Lin, a terminally ill patient, sought a physician's assistance to end her life under state law prohibiting the practice. The court applied the law of the land clauses to uphold the ban after determining that the asserted right was not deeply rooted in the nation's history and tradition and therefore not protected as a liberty interest.
Washington v. Glucksberg521 U.S. 702 (1997)
Prior Bad Acts Evidence Barred
Lunar Dynamics faced criminal prosecution and sought to introduce evidence of prior acts to challenge the government's case. The trial court excluded the evidence under a categorical rule. The appellate court applied the law of the land clauses to affirm the exclusion because the rule did not arbitrarily or disproportionately impair the defendant's right to present a defense.
Dowling v. United States493 U.S. 342 (1990)
Common questions
Frequently Asked
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What do the law of the land clauses require before a state may render a judgment affecting property interests?+
The clauses require that persons with adverse interests receive notice of the proceeding and a reasonable opportunity to be heard. A judgment rendered without these protections is void even in the state where it was entered.
Supporting sources
How do the law of the land clauses interact with state authority over family law matters such as marriage recognition?+
Although states possess broad authority over domestic relations, the clauses forbid state laws that impose racial classifications on marriage or deny recognition of interracial marriages. Such laws are subject to the most rigid scrutiny and cannot stand absent a legitimate purpose independent of invidious racial discrimination.
Supporting sources
Do the law of the land clauses prevent evidentiary rules from excluding a criminal defendant's testimony?+
The clauses protect a defendant's right to testify in his or her own defense. Evidentiary rules may not arbitrarily or disproportionately restrict that right in violation of the Compulsory Process and Due Process Clauses.
Supporting sources
What limits do the law of the land clauses place on a state's choice of forum in transitory actions?+
The clauses set only the outermost limits of judicial jurisdiction. Within those limits a court may still decline to entertain a suit if it concludes that the forum is seriously inconvenient and a more appropriate forum is available.
Supporting sources
384 U.S. 436 (1966)Evidence
…employing the arbitrary Fifth Amendment rule[^maj-4] which the Court lays down I would follow the more pliable dictates of the Due Process Clauses of the Fifth and Fourteenth Amendments which we are accustomed to administering and which we know from our cases are effective instruments in protecting persons in police custody. In this…