Administrative Law & Due Process

The legal foundation for due process in the U.S. is the 5th Amendment which stipulates that the infringement of certain rights of citizens with respect to life, liberty, and property will not be permitted without due process of law. The two fundamental aspects of due process are notice and hearing. The processes themselves have evolved over time, but they are manifestations of the idea that deleterious legal action is not to be taken without notice to those impacted, and that deleterious legal action is not to occur -- even when notice has been given -- without sufficient consideration and evidence that the action is appropriate under the law.

However, due process has been found by the courts to be adequate in both a pre-termination and a post-termination, as determined by a three-part test. In the first test, the impact on the person and the nature...
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