Bar Exam Practice Questions 2026 – Your All-in-One Guide to Mastering the Bar Exam!

Question: 1 / 400

Which amendment ensures the government must follow due process before depriving an individual of life, liberty, or property?

Amendment 4

Amendment 5

The correct answer is the Fifth Amendment, which explicitly states that no person shall be "deprived of life, liberty, or property, without due process of law." This amendment is a critical part of the Bill of Rights and serves to protect individuals from arbitrary governmental actions. It establishes the principle that the government must follow established legal procedures and that individuals have the right to a fair trial and other legal guarantees before they can be deprived of their fundamental rights.

The Fifth Amendment's due process clause has been interpreted by the courts to ensure that individuals are afforded fair treatment and a legal process when faced with governmental actions that could infringe upon their rights. This includes not only criminal proceedings but also civil matters that could affect someone's property rights or personal freedom.

The other amendments mentioned do not specifically address the requirement for due process before deprivation of rights. The Fourth Amendment deals with protection against unreasonable searches and seizures, the Sixth Amendment provides rights related to criminal prosecutions such as the right to counsel and a speedy trial, and the Ninth Amendment emphasizes that the enumeration of certain rights in the Constitution does not deny or disparage others that are retained by the people. Thus, the Fifth Amendment is distinct in its focus on due process protections.

Get further explanation with Examzify DeepDiveBeta

Amendment 6

Amendment 9

Next Question

Report this question

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy