Legal Definitions - Liberty Clause

The Liberty Clause is a common, informal name for the part of the Due Process Clause found in the 14th Amendment to the U.S. Constitution that specifically protects an individual's right to "liberty."

The 14th Amendment states that no state shall "deprive any person of life, liberty, or property, without due process of law." While the entire clause ensures fair procedures (procedural due process) and protects fundamental rights (substantive due process) against state infringement, the "Liberty Clause" specifically highlights the protection of personal freedoms and autonomy. This protection extends beyond mere physical freedom to encompass a broad range of fundamental rights, including the right to make personal choices about one's body, family, and lifestyle, free from arbitrary government interference.

Here are a few examples illustrating the application of the Liberty Clause:

• Example 1: Parental Rights

  Imagine a state law that automatically removes children from parents who have a certain type of medical condition, without any individualized assessment of the parents' ability to care for their children or any opportunity for the parents to present their case. This law would likely violate the Liberty Clause because it infringes upon the fundamental liberty interest parents have in raising their children and maintaining their family unit. The state would be required to provide due process, such as a hearing where parents can demonstrate their fitness, before depriving them of such a significant liberty.

• Example 2: Personal Medical Decisions

  Consider a state government that attempts to mandate a specific medical treatment for all adults, regardless of their individual health circumstances or personal beliefs, without any option for refusal or alternative care. This could be challenged under the Liberty Clause, as individuals have a fundamental liberty interest in making decisions about their own bodies and medical care. While public health concerns can be compelling, the state would need to demonstrate a very strong justification and ensure that the mandate is narrowly tailored and provides appropriate due process before infringing on such a personal liberty.

• Example 3: Reputation and Professional Standing

  Suppose a state licensing board revokes a professional's license (e.g., a doctor's or lawyer's license) based on unproven allegations of misconduct, without providing the professional with a fair hearing, the opportunity to present evidence, or to confront their accusers. The professional's ability to practice their chosen profession and their reputation are considered liberty interests. The Liberty Clause, through the Due Process Clause, would require the state licensing board to provide adequate procedural safeguards—like notice of the charges and a fair hearing—before taking action that could deprive the individual of their professional liberty.