What does Procedural Due Process require before a government can take away fundamental rights?

Procedural Due Process is a constitutional guarantee that ensures fair treatment through the judicial system before the government can deprive an individual of fundamental rights. The cornerstone of Procedural Due Process is that individuals must receive appropriate notice of any action the government intends to take that affects their rights, as well as an opportunity for a fair hearing.

Notice ensures that individuals are made aware of the specific claims or actions against them, allowing them to prepare a defense or respond effectively. The hearing provides an avenue for the individuals to contest the government's action, potentially presenting evidence, arguments, and witnesses in their favor before an impartial decision-maker.

Requiring both notice and a hearing is fundamental because it upholds the principles of justice and fairness embedded in due process. This combination serves to protect individuals from arbitrary or unjust governmental actions, thus maintaining the integrity of individual rights.

The other options do not align with the requirements of Procedural Due Process in this context. For example, the need for a unanimous jury decision pertains primarily to criminal trials rather than procedural rights concerning governmental actions, while a written agreement and an appeal option do not inherently ensure that the individual has had the opportunity to contest governmental action before it is taken.