The Fifth Amendment to the United States Constitution provides that the federal government may not deprive any person of life, liberty, or property without due process of law:

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

And the Fourteenth Amendment to the U.S. Constitution provides that state governments may not deprive any person of life, liberty, or property without due process of law:

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

In Massachusetts, as in all states, the protections of the Fifth Amendment and the Fourteenth Amendment to the United States Constitution are fully applicable. The Fifth Amendment ensures that the federal government cannot deprive a person of life, liberty, or property without due process of law, including protections against double jeopardy, self-incrimination, and the taking of private property for public use without just compensation. The Fourteenth Amendment extends similar protections against state governments, ensuring that no state can deprive any person of life, liberty, or property without due process of law, and it mandates equal protection under the law. Massachusetts state statutes and case law operate within this constitutional framework, providing additional procedural and substantive rights to individuals, but cannot contravene these constitutional protections. For instance, Massachusetts cannot pass a law that would allow a person to be tried twice for the same crime, compel them to testify against themselves in a criminal case, or take private property without fair compensation.