In light of everything going on in the NFL and the discussions about whether or not players have the right to due process I wanted to take a look at what Due Process really means and why it is so important.

Due Process is a legal concept, so when you hear people discussing whether or not players are receiving their Due Process by the NFL they are actually misunderstanding what due process means. In fact not only is Due Process a legal concept, it is one of the most important legal concepts we have, and it is the only legal concept stated twice within our Constitution. First, the Fifth Amendment states that nobody shall be “deprived of life, liberty, or property without due process of the law.” Second, the Fourteenth Amendment uses these same exact words to put the same requirements on the states. By doing this, our founders ensured that, at all levels of government, our freedoms would be protected.

Due process is a legal concept that can be looked at in two ways. The first way, procedural due process, essentially ensures that there are safeguards and procedures in place to protect the rights of American citizens. While these procedures can vary by court and by state, there are two essential elements; that citizens must be notified of the charges against them and citizens must be given an opportunity to be heard and dispute those charges.  The second way, substantive due process, ensures that the government can not create laws that infringe upon people’s basic rights, such as, the right to privacy, right to live without being judged based on race or sexual orientation, and the right to vote.

As you can see, Due Process is a legal concept that is in place to protect people’s basic human rights. It does not include a right to work for a certain company, a right to get paid a certain amount of money, or a right to be a professional athlete.