While this reading played a very important role in constitutional history, it is subject to the objection that it just reiterates the separation of powers itself: if there are functions that only courts may perform, the separation of powers keeps the legislature and the executive from performing those functions. First, it emphasizes the variability of procedural requirements. Another, more controversial application of the Clause is the doctrine today called “substantive due process,” which extends beyond the methods government institutions use to make decisions, and places substantive limits on governmental authority. On the other hand, constitutional drafters who wanted to make sure that government decisions were subject to procedural requirements might have thought such a vague provision to be too unclear to impose specific requirements on top of the procedural rules contained in other laws. Despite the lack of consensus over the scope of substantive due process, the meaning of the Fifth Amendment Due Process Clause in the procedural context is relatively settled as a matter of Supreme Court jurisprudence. The Fifth Amendment's reference to “due process” is only one of many promises of protection the Bill of Rights gives citizens against the federal government. In the the middle of the Twentieth Century, a series of Supreme Court decisions found that the Due Process Clause "incorporated" most of the important elements of the Bill of Rights and made them applicable to the states. Thus, it is not always enough for the government just to act in accordance with whatever law there may happen to be. An initial reaction to the increasing dependence of citizens on their government was to look at the seriousness of the impact of government action on an individual, without asking about the nature of the relationship affected. According to Michelle Alexander in her book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness, “We have not ended racial caste in America; we have merely redesigned it.”, Equality content written by Linda R. Monk, Constitutional scholar. A more specific application of the Clause is the doctrine today called “procedural due process,” which concerns the fairness and lawfulness of decision making methods used by the courts and the executive. Nevertheless, whether or not one’s reading of the Clause supports the invalidation of a statute on vagueness grounds, it is safe to say that the vagueness doctrine is well-settled as a feature of the Fifth Amendment’s Due Process Clause in the Supreme Court’s jurisprudence. The due process clause of the Fifth Amendment, ratified in 1791, asserts that no person shall "be deprived of life, liberty, or property, without due process of law." The Court held that “the Texas statute imposes a lifetime hardship on a discrete class of children not accountable for their disabling status.”, The Fourteenth Amendment allowed states to disenfranchise those convicted of rebellion or other crimes, a clause that was intended to limit the voting rights of former Confederate soldiers. Second, that assessment is to be made concretely and holistically. As the Supreme Court noted in its recent decision in Johnson v. United States (2015), the vagueness doctrine of the Due Process Clause protects against “a criminal law so vague that it fails to give ordinary people fair notice of the conduct it punishes, or so standardless that it invites arbitrary enforcement.”. The Due Process Clause of the Fourteenth Amendment is exactly like a similar provision in the Fifth Amendment, which only restricts the federal government. Should There Be Limits on Freedom of Speech? The Court found that before a state terminates a welfare recipient's benefits, the state must provide a full hearing before a hearing officer, finding that the Due Process Clause required such a hearing.

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