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

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Mother Lode Found
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#1
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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#3
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.
 

TAEZZAR

LADY JUSTICE ISNT BLIND, SHES JUST AFRAID TO WATCH
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Innocent convicted: Record exonerations
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 !
 

Cigarlover

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#6
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.
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.