Adamson v. California

Dating back to the Magna Carta (1215), due process of law was part of England's first written code of law. Later the authors of the U.S. Constitution included the notion of due process in the Fifth and Fourteenth Amendments to limit the power of the federal government and the state governments, respectively. Legal scholars interpreted the Due Process Clause of these amendments to cover procedure or process in court and to refer to a basic right of "all persons within the territory of the United States that protects them from unfair treatment from the legislative, executive, and judicial branches of the government," according to Justice Curtis in 1855.

The U.S. Supreme Court has interpreted the Due Process Clause to guarantee fair trials, non-arbitrary action, reasonable bail and fines, and adequate compensation for property seized by the federal and state governments. The Supreme Court also has ruled that the Due Process Clause requires the accused to receive advanced notice of legal proceedings and that they have an opportunity to defend themselves before any branch of the government restricts their liberty or seizes their property.