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What Did The Founders Mean By “Due Process of Law?”

Discussion in 'U.S. Constitution & Law' started by searcher, Oct 9, 2015.



  1. searcher

    searcher Mother Lode Found Site Supporter ++ Mother Lode

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    What Did The Founders Mean by “Due Process of Law?”



    The Fifth and Fourteenth amendments to the Constitution each has a Due Process Clause. The Fifth Amendment Due Process Clause prohibited the federal government from depriving any person of “life, liberty, or property without due process of law.” The Fourteenth Amendment extended that prohibition to the states.

    The Supreme Court has held that the Due Process Clauses ban government procedures the justices deem unfair. Thus the Court has said that the Due Process Clause of the Fourteenth Amendment requires states to allow an accused person to have a defense attorney, to allow an accused person to respond to accusations, and so forth. Legal scholars say that such cases are examples of “procedural due process.”

    There is also a doctrine that goes by the oxymoronic name “substantive due process.” The Court uses this doctrine to justify voiding any state or federal law the justices think has no possible “rational basis.” When the law infringes an interest the Court deems particularly important, it strikes down the law more readily.

    Understandably, the Court deems most of the rights protected by the Bill of Rights to be particularly important. The justices go further, however, and also void laws that “unduly” infringe interests not listed in the Constitution, such as abortion and sexual behavior.

    In United States v. Windsor, for example, the Court relied (apparently—the decision isn’t entirely clear) on the Fifth Amendment Due Process Clause to invalidate a federal law that provided that for federal (not state) purposes, “marriage” was limited to one man and one woman. In Obergefell v. Hodges, it held that the Fourteenth Amendment Due Process Clause invalidated similar state laws.


    Read the full article here http://tenthamendmentcenter.com/2015/10/09/what-did-the-founders-mean-by-due-process-of-law/
     
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  2. michael59

    michael59 heads up-butts down Site Supporter ++ Platinum Bling

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    So searcher.....why does the guy wait till the end and then throw out tho bomb of "I don't know the difference between "and" or "or"...?
     
  3. searcher

    searcher Mother Lode Found Site Supporter ++ Mother Lode

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    Innocent convicted: Record exonerations
    RT America



    Published on Jan 27, 2018
    Mike Papantonio and former prosecutor Mark Godsey talk about how innocent people have been convicted more and more in the last five years.
     
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  4. TAEZZAR

    TAEZZAR LADY JUSTICE ISNT BLIND, SHES JUST AFRAID TO WATCH Midas Member Site Supporter

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    At 4:19 - "Win at all cost game" ? WTF !!!
    This shit would stop if the over zealous prosecutors would have to spend the equivalent prison time of the wrongly convicted !
     
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  5. michael59

    michael59 heads up-butts down Site Supporter ++ Platinum Bling

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    You two are on the right track at least as I see it. Thing is; IT is a profession. f if I know what to do.
     
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  6. Cigarlover

    Cigarlover Gold Member Gold Chaser

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    I got a ticket for parking in a handicapped spot when I was in Ma. The handicapped spot is in a residential neighborhood and marked on the street and I didn't see it, nor had I ever heard of putting a handicapped spot in a residential neighborhood. They wanted like 300 bucks and this was about 10 years ago.. No way to request a jury trial but could appeal it to some local Gov person. Told them to go F themselves and quoted the above.. Never heard from them again.
     

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