The three interests protected by the Due Process Clauses are life, liberty, and property. While life is a self-evident interest, the definitions of liberty and property are more complex. Agencies rarely perform acts that threaten life although a few exceptions exist. Life may be threatened by the termination of gas or electric service in winter.
The Supreme Court has also recognized that terminating a needy mother’s welfare benefits may be life-threatening. If life is threatened by agency action, due process must be afforded to the threatened person. Liberty interests are also protected by the Due Process Clauses. Liberty encompasses a multitude of personal freedoms. The right to move about as one pleases, without governmental interference, is an example. This is not particularly relevant to administrative law, because agencies do not normally restrain or incarcerate people. However, a few exceptions can be found.
The most substantial expansion of liberty under the due process clauses has been in matters of personal privacy and autonomy. Liberty interests are not only physical in nature; more metaphysical rights are also protected. A person may have a property interest in tangible or intangible property. It is possible, therefore, for a person to have no right to a benefit from the government but to have a protected interest in that benefit once the benefit is created.
Once employed by the government, however, a nonprobationary employee has a property interest, under the Due Process Clause, in his or her employment. A person may also have a protected interest in attending a public school, college, university, or other educational program.