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| | Due process - Wikipedia, the free encyclopedia |
 | | When a law or other act of government is challenged as a violation of individual liberty under the Due Process Clause, courts use two forms of scrutiny, or judicial review. | | | Incorporation is the legal doctrine by which the Bill of Rights, either in full or in part, is applied to the states through the Fourteenth Amendment's Due Process Clause. | | | Due process of law is a legal concept that ensures the government will respect all of a person's legal rights instead of just some or most of those legal rights, when the government deprives a person of life, liberty, or property. |
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http://en.wikipedia.org/wiki/Due_process
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| | Teaching about Due Process of Law. ERIC Digest. |
| | The Court has used substantive due process to consider whether or not specific provisions of the Bill of Rights ought to be "incorporated" through the Fourteenth Amendment's due process clause and protected against infringement by the state governments. | | | Due process of law has become a defining feature of American constitutionalism and an inherent part of justice in the United States. | | | Both due process clauses protect people from the arbitrary use of government power to deny an individual life, liberty, or property; the Fifth Amendment provision protects people from abuse by the national government while the Fourteenth Amendment clause is a prohibition on state governments. |
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http://www.ericdigests.org/2005-1/law.htm
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| | Quotes for Lecture on Substantive Due Process |
| | Due process of law in each particular case means, such an exertion of the powers of government as the settled maxims of law sanction, and under such safeguards for the protection of individual rights as those maxims prescribe for the class of cases to which the one in question belongs. | | | The constitutional guarantee that no person shall be deprived of his property without due process of law may be violated without the physical taking of property for public or private use. | | | The doubt might also arise whether a regulation for any one class of citizens, entirely arbitrary in its character, and restricting their rights, privileges, or legal capacities in a manner before unknown to the law, could be sustained, notwithstanding its generality. |
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http://www.georgetown.edu/faculty/blattnew/cons/dueprocess.htm
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| | "Evolution of the substantive due process scam" |
| | "The words due process have a precise technical import, and are only applicable to the process and proceedings of the courts of justice. | | | Connecticut) the Supreme Court used the substantive due process scam to nullify a Connecticut law prohibiting the use of birth control devices. | | | Congress could impeach and remove a Supreme Court majority for usurpation of "legislative Powers," which certainly qualifies as a "high crime." Then, after the miscreant justices are replaced, invite the Court to reconsider the usurpation. |
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http://ttokarnak.home.att.net/DPScam.html
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| | Due Process Overview |
| | Like all due process hearings, one held to determine whether a license or permit should be given must be fair and impartial, and the person must receive adequate notice and an opportunity to be heard. | | | To comply with due process requirements, a license fee must be definite in amount, or dependent on an established, definite and legal measure. | | | Due process protections should be afforded at every stage of the licensing process, from the drafting of the ordinance through any necessary revocation proceedings. |
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http://www.alalm.org/Article5.htm
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| | WILLIAM G |
| | The United States Supreme Court has established that individuals have rights protected under the due process clauses of the Fourteenth and Fifth Amendments of the United States Constitution protecting them from State or Federal intrusions into their "fundamental liberty interests". | | | As the Supreme Court explained in Cruzan, supra, "[i]t cannot be disputed that the Due Process Clause protects an interest in life." Cruzan, at 281. | | | In applying Substantive Due Process analysis, the Chief Justice in Glucksberg explained that government action must be "narrowly tailored to serve a compelling [government] interest" where a "fundamental liberty interest" is involved. |
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http://www.marijuana.org/BRF3.html
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| | Volume II, Chapter 2 |
| | By convention, substantive due process is not about the specific steps a government has to follow before it puts someone in jail or confiscates their property, like providing an attorney or an impartial jury. | | | As a doctrinal basis, constitutional liberty anchors the specific due process protection that must be used by police, courts, and other governmental bodies when they are deciding whether an individual will be deprived of something. | | | After passage of the Fourteenth Amendment, the general protections associated with privileges and immunities or the "law of the land" found a doctrinal ground in "due process of law" when life, liberty or property were threatened. |
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http://www-unix.oit.umass.edu/~jbrigham/lib.html
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| | Due Process Issues |
| | The phrase "due process of law" was first used in England sometime during the 13th or 14th century as synonymous for "law of the land", hence, it was made part of the common law and given a natural law interpretation. | | | The substantive part can be enforced independently of the procedural part, giving appellate and Supreme courts the power to strike down all sorts of decisions simply because the verdict is undesirable for some reason. | | | The closest thing to substantive due process in the whole of criminal justice procedure is the standard of proof, and that's only because beyond a reasonable doubt is a tough standard. |
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http://faculty.ncwc.edu/mstevens/410/410lect06.htm
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| | Substantive Due Process |
| | While substantive due process applies to both clauses, because it is the state law that is most relevant here, this treatment we will be speaking to the 14th Amendment clause in particular. | | | [NOTE: While there actually are two slightly different "Due Process" clauses in the U.S. Constitution, one in the Fifth Amendment, applying to the federal government, and the second in the Fourteenth Amendment, applying to the states, it is the 14th Amendment’s Due Process Clause which is really important here, because it applies to the states. | | | Due Process Clause not only requires "due process," that is, basic procedural rights, but that it also protects basic substantive rights. |
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http://members.aol.com/abtrbng/sdp.htm
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| | THE DUE PROCESS CLAUSE |
| | Other constitutional provisions aside from the Due Process Clause give additional procedural safeguards; for example, the Sixth Amendment confers a right to jury trial in criminal cases, the right to appointed counsel if one is indigent, and a right to confront witnesses against oneself. | | | The Fourteenth Amendment’s Due Process Clause (which does apply to the states) has been interpreted to make nearly all of the Bill of Rights guarantees applicable to the states — these individual guarantees are "incorporated" into the Bill of Rights. | | | The Supreme Court has never said that due process requires the states to honor the Bill of Rights as a whole. |
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http://www.sfasu.edu/polisci/Abel/ConstitutionalLawII/THEDUePROCESSCLAUSE.htm
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| | Sacramento County v. Lewis |
| | Accordingly, I concur in the judgment of the Court. | | | The Court is correct, of course, in repeating that the prohibition against deprivations of life, liberty, or property contained in the Due Process Clause of the Fourteenth Amendment extends beyond the command of fair procedures. | | | I agree with the Court's conclusion that this asserts a substantive right to be free from "deliberate or reckless indifference to life in a high-speed automobile chase aimed at apprehending a suspected offender." Ante, at 1; see also ante, at 19. |
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http://cl.bna.com/cl/19980527/961337.htm
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| | [No title] |
| | The Due Process Clause of the Fourteenth Amendment provides that no state shall "deprive any person of life, liberty, or property, without due process of law." While on its face this constitutional provision speaks to the adequacy of state procedures, the Supreme Court has held that the clause also has a substantive component. | | | Casey, 505 U.S. 846-47 (1992) ("it is settled that the due process clause of the Fourteenth Amendment applies to matters of substantive law as well as to matters of procedure") (quoting Whitney v. | | | The Due Process Clause of the Fourteenth Amendment is not a guarantee against incorrect or ill-advised personnel decisions. |
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http://www.nacua.org/documents/NicholasVPennState.txt
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| | DUE PROCESS OF LAW |
| | The phrase "due process of law" originated in a 1355 restatement of the 1215 Magna Carta, by which for the first time in history (apparently) "the government" — in this case, King John of England — was brought "under the law"... | | | Indeed, the focus of procedural due process is to ensure that laws which conform to substantive standards of rationality and justice are also applied properly and fairly. | | | The exact nature of those rights and remedies is the subject of a vast and growing literature, including thousands of judicial opinions focused on defining what "due process of law" means in every particular. |
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http://www.jurlandia.org/dueprocess.htm
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| | Book Review Law and History Review, 21.1 The History Cooperative |
| | Myth 4: The Lochner era Court's reactionary nature is demonstrated by the fact that it limited its concern for "liberty" to "liberty of contract." Phillips notes that liberty of contract cases were only one application of substantive due process, and not necessarily the most important one. | | | During the so-called "Lochner era," which lasted from approximately 1905 to 1937, the Supreme Court was relatively sympathetic to claims that government regulations violated liberty of contract purportedly protected by the Fourteenth Amend-ment's Due Process Clause. | | | Phillips also focuses exclusively on the United States Supreme Court, ignoring the many substantive due process decisions of state and lower federal courts that might shed some light on the nature Lochnerian jurisprudence. |
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http://www.historycooperative.org/journals/lhr/21.1/br_9.html
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| | Washington Courts |
| | In a substantive due process challenge to a New York statute that allowed pretrial detention of juveniles considered a 'flight risk,' the Court specifically found that standards and practices in other states were relevant to the standard of care required by the substantive due process clause. | | | However, the United States Supreme Court has clearly held that the standards and practices in other states are relevant to the standard of care required by the substantive due process clause. | | | Ultimately, substantive due process is violated if the executive action shocks the court's conscience; both standards are tailored to assist courts in evaluating executive action in specific factual contexts. |
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http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.opindisp&docid=725985MAJ
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| | ENTRAPMENT AND DUE PROCESS |
| | [351] The protection of substantive rights stems from the Court's long-held tenet that due process is "implicit in the concept of ordered liberty." [352] The Court has invoked substantive due process in cases of egregious deprivations of property and liberty, regardless of whether the deprivation is caused by legislative enactments, administrative actions, or official misconduct. | | | The Fourteenth Amendment provides that no state shall "deprive any person of life, liberty, or property, without due process of law." [350] On its face, the Due Process Clause only guarantees procedural protection; however, the U.S. Supreme Court has also invoked it to protect certain substantive rights. | | | [344] In those jurisdictions where it is accepted, the defense has been grounded either in the Due Process Clauses of the Fifth and Fourteenth Amendments or in analogous state constitutional provisions. |
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http://www.law.fsu.edu/journals/lawreview/issues/253/lord.html
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| | In the Agora: Substantive Due Process Porn |
| | I do think the substantive due process grounds are a cop-out, but they're also typical of the way courts avoid directly admiting they're precident is wrong -- and the obscenity exception to the first amendment is wrong. | | | I do think the substantive due process grounds are a cop-out, but they're also typical of the way courts avoid directly admiting they're precident is wrong... | | | They decided it on substantive due process, and the Court has already decided a case directly on point. |
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http://www.intheagora.com/archives/2005/01/substantive_due.html
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| | [No title] |
| | when analyzing substantive due process claims courts are required to turn to state and local law to determine whether the plaintiff possessed a property interest which was abrogated by the governmental action. | | | As the First Circuit has consistently held, "the due process clause may not ordinarily be used to involve federal courts in the rights and wrongs of local planning disputes. | | | Thus, in order to establish a violation of substantive due process, a plaintiff need only allege that a decision limiting the use of land he or she owns was "arbitrarily or irrationally reached." I believe this rule of law is incorrect for two reasons. |
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http://vls.law.vill.edu/locator/3d/May1995/95a1033p.txt
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| | FindLaw: U.S. Constitution: Fifth Amendment: Annotations pg. 13 of 16 |
| | Without violation of the due process clause, the sale of collateral under the terms of a contract may be enjoined, if such sale would hinder the preparation or consummation of a proposed railroad reorganization, provided the injunction does no more than delay the enforcement of the contract. | | | The Darlington, Inc., 358 U.S. Dissenting, Justices Harlan, Frankfurter, and Whittaker maintained that under the due process clause the United States, in its contractual relations, is bound by the same rules as private individuals unless the action taken falls within the general federal regulatory power. | | | New Jersey, 431 U.S. ''Less searching standards'' are imposed by the Due Process Clauses than by the Contract Clause. |
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http://caselaw.lp.findlaw.com/data/constitution/amendment05/13.html
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| | Dispatches from the Culture Wars: Sandefur on Substantive Due Process |
| | According to substantive due process theory, the mere enactment of a law cannot constitute due process, because the purpose of the state is to prevent a person from being deprived of his life liberty or property arbitrarily, and nothing in the majority-vote requirement inherently prevents arbitrary action. | | | Due process cannot merely be a requirement for proper procedure, else there are no limits on government's power at all. | | | Without substantive due process, we are left with the notion that as long as there is a legal procedure followed, any violation of a person's rights are legitimate. |
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http://www.stcynic.com/blog/archives/2004/10/sandefur_on_sub.php
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| | Untitled Document |
| | The Supreme Court, however, has held that the due process clause was not intended to require the state to protect its | | | Prior to DeShaney, at least one court of appeals and one district court looked with disfavor upon due process claims by battered women. | | | n17 The due process clause of the fourteenth amendment guarantees that "[n]o State shall. |
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http://cyber.law.harvard.edu/vaw00/borgmann.html
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| | Lecture 14 - SUBSTANTIVE DUE PROCESS |
| | Since the mid-1960's, the Supreme Court has revived substantive due process review as a means of protecting certain fundamental personal rights not specifically enumerated in the Constitution. | | | Example: The Fifth Amendment requires that one may not be deprived of life, liberty, or property without due process. | | | In the first third of the 20th century, the Court often reviewed the substance of legislation and used the Due Process Clause to invalidate economic and social regulations. |
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http://www.indiana.edu/~lawecon/week8.html
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| | The Invention of "Substantive" Due Process - October 8, 1997 |
| | As a result of this forgetfulness, the courts felt it necessary to use this new "substantive" due process clause to "incorporate" the Bill of Rights. | | | Secondly, since the courts began using their "substantive" due process interpretation to protect rights, they backed themselves into a corner by protecting only the rights delineated in the Constitution. | | | One right which has been purposely excluded by the courts is the Second Amendment, although for most citizens, especially Arizonans, their state constitutions protect this right to bear arms, and much more coherently. |
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http://wildcat.arizona.edu/papers/91/32/04_2_m.html
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| | In the Agora: Substantive due process |
| | What substantive due process is, is quite simple, the Constitution has a Due Process Clause, which says that no person shall be deprived of life, liberty, or property without due process of law. | | | You can be fined, you can be incarcerated, you can even be executed, but not without due process of law. | | | So it is literally true, and I don't think this is an exaggeration, that the Court has essentially liberated itself from the text of the Constitution, from the text, and even from the traditions of the American people. |
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http://www.intheagora.com/archives/2005/03/substantive_due_1.html
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| | Due Process of Law |
| | Today, the answer is usually given in two parts: what procedures the government must follow and—in exceptional cases—what the government cannot do even if it follows the proper procedures. | | | Uncovering the links between one case and another, Orth describes how a commitment to fair procedures made way for an emphasis on the protection of property rights, which in turn led to a heightened sensitivity to individual rights in general. | | | To a degree not always appreciated today, constitutional law advances in the same case-by-case manner as other legal rules. |
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http://www.kansaspress.ku.edu/ortdue.html
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| | FindLaw: U.S. Constitution: Fourteenth Amendment: Annotations pg. 3 of 40 |
| | The due process clause,'' it maintained, does not ''forbid a State to pass laws clearly designed to safeguard the opportunity of nonunion workers to get and hold jobs, free from discrimination against them because they are nonunion workers.'' 134 Also in harmony with the last mentioned pair of cases is UAW v. | | | Laws Regulating Hours of Labor.--Even during the Lochner era, the due process clause was construed as permitting enactment by the States of maximum hours laws applicable to women workers 94 and to workers in specified lines of work thought to be physically demanding or otherwise worthy of special protection. | | | Illinois, 38 the Court again refused to interpret the due process clause as invalidating state legislation regulating the rates charged for the transportation and warehousing of grain. |
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http://caselaw.lp.findlaw.com/data/constitution/amendment14/03.html
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| | Substantive Due Process, Dred Scott v. Sandford, and Roe v. Wade |
| | In the early twentieth century it would make a brief comeback, with the Court striking down labor laws for denying laborers (whom the laws were meant to protect) their due-process rights. | | | Half a million men would die because of the Supreme Court. | | | But you see, the Supreme Court had taken it upon itself to save the country. |
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http://www.intellectualconservative.com/article2106.html
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| | "Judicial activism and substantive due process" |
| | The justices on the Taney Court had thought their deception was fairly safe. | | | The Supreme Court "evolved" it just before the Civil War. | | | is due quite as much to an unsound and unwise decision of the Supreme Court as to any other single cause" [10]. |
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http://tempknak.home.att.net/DredScott.html
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| | Due Process |
| | Naturally, I appealed the University's decision to impose probation for academic dishonesty pertaining to an examination I did not take nor was I scheduled to take. | | | The exam was scheduled for 11/30; she was able to borrow notes from classmates; and she had not requested extra preparation time. | | | University committee members knowingly violated regulations by voting to force me to fail, agreeing to the outcome of at least two hearing before the actual hearings transpired, and refusing to provide substantive due process! |
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http://www.und-fraud.com/UNDSM/DueProcess/dp.htm
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