Tag: due process
In simple terms, is basically a legal requirement that no citizen be deprived of their legal rights without proper application of the law. In other words, under due process, a person cannot have their property seized or be put in jail without first going through the legal system to determine if they are guilty of the crime they’ve been accused of and determining what punishment should be applied. Due process of the law is an important part of the American legal system and in other countries as well.
The Fifth Amendment says to the federal government that no one shall be "deprived of life, liberty or property without due process of law." The Fourteenth Amendment, ratified in 1868, uses the same eleven words, called the Due Process Clause, to describe a legal obligation of all states. These words have as their central promise an assurance that all levels of American government must operate within the law ("legality") and provide fair procedures. Most of this essay concerns that promise. We should briefly note, however, three other uses that these words have had in American constitutional law.
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