The Constitution guarantees rights and fair treatment for everyone. The rights that the Founders outlined in the Constitution include those reserved for the federal government as well as those reserved for the people. These rights have been altered throughout the years, and some continue to be debated. Policies have been put in place to deal with those who decide to disturb the peace and break the laws. The structure of America’s society relies on these rights and laws. Due Process is a fundamental part of American law. This is made obvious, since the Constitution has two due process clauses: the 5th Amendment and the 14th Amendment. The 5th Amendment states that the federal government cannot deprive anyone of life, liberty, or property without due process of the law. The 14th Amendment extends the 5th Amendment to the States and their local governments. Chief Justice William Howard Taft had this to say about due process: “The due process …show more content…
It was eventually determined that fair procedures can be used to administer unfair laws. As long as the government acted accordingly with laws, they were exercising due process. As a solution, the concept of substantive due process was created in addition to procedural due process. Procedural due process has to do with the procedures and methods of government action, and substantive
The Supreme Court stated, in Mathews v. Eldridge, that the right to be heard in a meaningful way “before being condemned to suffer a grievous loss” is a basic principle of our society. See Mathews v. Eldridge, 424 U.S. 319; 333 (1976) (citing Joint Anti-Fascist Comm. v. McGrath, 341 U.S. 123, 168 (1951)). However, they proceeded to counter this by saying that due process was flexible and its procedures should be tailored to the particular situation. See Mathews v. Eldridge, 424 U.S. 319; 333 (1976).
Also no state can deny any person of their equal protection rights. The laws of a state must treat an individual in the same manner as others in similar conditions or circumstances. Due process deals with the fair use or enforcement of laws. The Due Process clause protects any person of their
Tyranny is when too much power is in the hands of one, a few, or the majority. Some prime examples of tyranny is when King George III was in power of great britain, the Khmer Rouge and the cambodian genocide, or slavery in the 1800s. Tyranny is even happening today with Kim jong un in north korea. The US Constitution guards against tyranny to protect our country and its people.
The same principle was included in 1776 into the Virginia Declaration of Rights and then incorporated by the Framers into the Bill of Rights (Legal Information Institute, n. d.). Nowadays, the Right to a Speedy Trial is among the basic rights ensured by the Constitution, since embodies one of the fundamental liberties granted to the American citizens. The term “speedy”, although quite relative, indicates that the defendant should be brought to trial within a reasonable time after being arrested. Otherwise, the charges should be dismissed.
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized". The 4th amendment was made based on the Founding Fathers experience with the Kings agents and the all purpose rit of assistances that they used abusively. Without the 4th amendment, we would be at the will of the police because they could come into our household, search anything and take whatever they want. "A reasonable expatiation of privacy" the 4th amendment secures the protection of the people
The document guaranteed the rights of individuals, including freedom of speech, religion, and the press. It also established a system of due process, meaning that individuals were protected from arbitrary and oppressive actions by the government. Additionally, the Constitution established the Supreme Court, which is the final arbiter of justice in the United States. The Supreme Court is the ultimate protector of the rights of citizens, and ensures that laws and government actions are in line with the Constitution.
The U.S. Constitution is what the Supreme Court uses to make the decision for a court case, it is like an instruction manual for the U.S., and it contains the rights of all
America is all about protecting our rights as individuals and treating us fairly. They have expanded to protect all our rights and got better to improve our Constitution and Bill of Rights. Although Thomas Jefferson was against the Constitution and was considered an anti-federalist it has proven that the Constitution was the best fit for all Americans. The Bill of Rights has shown plenty of improvement due to the court cases that are currently being resolved. Court cases might’ve been difficult to understand, but have slowly and progressively done the right thing, protecting our rights.
It guarantees several fundamental rights and freedoms, including freedom of speech, religion, and the press, as well as the right to bear arms and a fair trial. The Bill of Rights has been entical in protecting individual liberties and limiting the power of the government. The Constitution, adopted in 1787, established the framework for the US government and its political system. It created a federal system with three branches of government, each with its own powers and responsibilities.
Later, the due process clause was used to merge the Bill of Rights to the states. The idea behind due process is that states cannot abolish citizen’s liberties without due process. Liberty comprises of the freedom of speech, press and religion and the right to an attorney if one is suspected of breaking the law. Today, states are unable to seize freedom from individuals. The Supreme Court has used the Due Process Clause of the 14th Amendment to say that the Bill of Rights encompasses not only the states as well as the federal government.
While the American government is often liked and respected for its democratic policies and freedoms established there, there are still problems that exist. In terms of civil liberties, the United States of America represents a great system, but it 's when these freedoms are damaged or agreed to secure but make sure of the nation 's safety, that the very ways of thinking the basic truths and rules of freedom that America was founded upon become threatened. Now, in post September 11th violence, Americans around the country find themselves working hard for their freedoms and privacy at the incredibly valuable expense of their own safety. Security systems in airports were placed at high alert after the high-hackings, watching and checking by
The United States Constitution, the backbone of a great nation, reflects everything that America’s very first settlers were willing to risk their lives to accomplish. The primary reason colonists fled their former homes to settle in a wild, untamed land was so that they could possess religious freedoms that were otherwise denied to them. Later, when the founding fathers established a cornerstone for their government, they were careful to insure that Americans were granted the very freedoms for which they came. “We were founded upon a belief in human dignity- that no matter who you are or where you come from, or what you look like or what religion you practice, you are equal in the eyes of the law” (Obama). A prime example of this is the Constitution’s
In today’s era, the Constitution holds most controversial rights that determines our history. The United States Constitution has provided powerful words, such as “We the People” and “all men are created equal” done with careful evaluation by the Founders, including the Bill of Rights that holds 10 amendments under the Constitution regarding a balance between an individual and the government; however, the document defines the American political system and government relations between citizens and its government
Imagine a world where one person has all the power and you have to obey their every command; this is why we have a constitution to protect us from tyranny. After being under the dictatorial rule of Britain for seven years, the Colonies broke away and decided to create the Constitution to manage the government. This was an uber challenge for the delegates tasked with writing the Constitution—they wanted to create a strong government without having a despot. In multiple ways, the Constitution protects American citizens from tyranny. Tyranny is when one person or group has too much power.
What is the “Due Process?” The due process is a fair Treatment through the normal Judicial system, especially as a citizen’s entitlement It respect all legal rights that are balances the power of law of land and protects the individual person. What does it do?