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Topic: Due Process Clause


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In the News (Sat 25 May 19)

  
  Due process - Wikipedia, the free encyclopedia
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.
Due Process under the federal Constitution has additionally been interpreted as a restraint on the ways that legislatures may alter the law, although some judges over the years have objected to stretching the Due Process Clause beyond what was intended by Magna Carta.
Procedural due process places limits on the assertion of personal jurisdiction over a defendant to a lawsuit, limiting the locations where that defendant may be hauled into court.
en.wikipedia.org /wiki/Due_Process_Clause   (2633 words)

  
 [No title]
Moreover, it is plain that petitioner's proposition is inconsistent with the language and purposes of the Due Process Clause, and with the decisions of this Court that have defined the relationship between that Clause and the common law.
Until recent decades, this Court's procedural due process cases generally concerned the procedures that were to be followed in criminal enforcement proceedings or in civil suits leading to the entry of judgment by a court.
Procedural due process is designed to assure regularity in the conscious decisionmaking processes of government; substantive due process stands as a bar to conduct that is inconsistent with the "decencies of civilized conduct." Rochin, 342 U.S. at 175.
www.usdoj.gov /osg/briefs/1985/sg850138.txt   (7701 words)

  
 Due Process   (Site not responding. Last check: 2007-10-21)
Lopez, the seminal case establishing the due process rights of students in public school disciplinary proceedings, the Supreme Court held that students had a property interest in education that required minimal due process protections before any disciplinary suspension could be imposed.
The district court in Cole stated: "The primary thrust of the educational process is classroom instruction; therefore minimum due process procedures may be required if an exclusion from the classroom would effectively deprive the student of instruction and the opportunity to learn." 676 F.Supp.
Due process requires that any student who may be subject to a sanction that deprives the student of his/her property interest in education, has a right to be informed of the charges against him/her, and an opportunity to be heard and to tell his/her side of the story.
www.pacer.org /text/parent/due_process.html   (2149 words)

  
 Congress Had Authority Under Due Process Clause...   (Site not responding. Last check: 2007-10-21)
The court upheld the due process authority without an examination of the legislative record to determine if there was a pattern of violations by the states.
Plaintiff asserted that the state took its patent without due process; hence the abrogation was valid under the authority of the 14th Amendment.
Amendment Due Process Clause require states in some circumstances to make accommodations for persons with disabilities; for example, access to the courthouse for a defendant to be present at a criminal trial.
www.nsclc.org /federalrights/popovich0102.htm   (848 words)

  
 Bolling
While dicta in Bolling states that the concept of due process clause overlaps to some extent with the concept of equal protection, the ultimate holding of the Court is based on the traditional due process concern that the government not engage in arbitrary deprivations of liberty.
Due process is not a static concept: “It is of the very nature of a free society to advance in its standards of what is deemed resonable and right.
The Due Process Clause of the Fourteenth Amendment, to the extent it was thought to have “substance” at all, was initially thought to include, and perhaps even be limited to a prohibition on discriminatory “class” legislation.
mason.gmu.edu /~dbernste/bolling.htm   (10354 words)

  
 Albright v. Oliver, 510 U.S. 266 (1994).   (Site not responding. Last check: 2007-10-21)
Had petitioner's prosecution resulted in his conviction and incarceration, then there is no question but that the Due Process Clause would have been implicated; a central purpose of the Fourteenth Amendment was to deny States the power to impose this sort of deprivation of liberty until after completion of a fair trial.
Graham merely held that the due process right to be free from police applications of excessive force when state officers effect a seizure is governed by the same reasonableness standard as that governing seizures effected by federal officers.
In the context of certain deprivations of property, due process is afforded--and therefore the Constitution is not violated--if an adequate postdeprivation state remedy is available in practice to provide either the property's prompt return or an equivalent compensation.
straylight.law.cornell.edu /supct/html/92-833.ZD.html   (7131 words)

  
 The Hindu : Opinion / News Analysis : The due process clause
THE IMPORTATION of the "due process clause," consciously deleted at the time of framing the Constitution, has led to a decisive supremacy of the judiciary over all other branches of Government.
Reading the principle of "reasonableness" or non-arbitrariness as an essential attribute of equality impacting on the freedoms under Article 21, is indeed a clever way of introducing the "due process clause" in place of the "procedure established by law" provision in that Article.
He further said in the Sunil Batra Case (AIR 1978 SC 1675) that though the Constitution had no "due process" provision, yet after the Maneka Gandhi Case judgment the consequence was the same.
www.hinduonnet.com /2004/09/26/stories/2004092600471600.htm   (468 words)

  
 QUILL CORP. v. HEITKAMP, 504 U.S. 298 (1992)
Thus, at the most general level, the due process nexus analysis requires that we ask whether an individual's connections with a State are substantial enough to legitimate the State's exercise of power over him.
Department of Revenue of Ill (1967), held that the Due Process and Commerce Clauses of the Constitution prohibit a State from imposing the duty of use tax collection and payment upon a seller whose only connection with the State is through common carrier or the United States mail.
To create, for the first time, a nexus requirement under the Commerce Clause independent of that established for due process purposes is one thing; to attempt to justify an anachronistic notion of physical presence in economic terms is quite another.
www.law.umkc.edu /faculty/projects/ftrials/conlaw/quill.html   (2676 words)

  
 FindLaw: U.S. Constitution: Fifth Amendment: Annotations pg. 11 of 16
Scope of the Guaranty.--Standing by itself, the phrase ''due process'' would seem to refer solely and simply to procedure, to process in court, and therefore to be so limited that ''due process of law'' would be what the legislative branch enacted it to be.
In that sense, the two clauses are not the same thing, but insofar as they do impose such implicit requirements of fair trials, fair hearings, and the like, which exist separately from, though they are informed with, express constitutional guarantees, the interpretation of the two clauses is substantially if not wholly the same.
Due process is violated if a practice or rule ''offends some principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental.'' Snyder v.
caselaw.lp.findlaw.com /data/constitution/amendment05/11.html   (1283 words)

  
 ABA National Online Youth Summit, Fall 1999: Amicus Brief/Chicago, Page 4, Argument
It is nonetheless now well settled that the Due Process Clause has a substantive component as well; certain "liberty" interests are thought to be so fundamental that the government may not deprive individuals of those interests regardless of the fairness of the process employed by the government.
In sum, it is now well settled that substantive due process protects the right of all citizens to move freely within the country, notwithstanding past efforts to use the vagrancy laws to restrict the movement of indigents.
Were the Court to extend substantive due process protection to all the "unwritten amenities" of life cited in Papachristou, that doctrine would expand far beyond the "guideposts for responsible decisionmaking" referenced in Collins and Glucksburg.
www.abanet.org /publiced/youth/amicus_chicago4.html   (3102 words)

  
 [No title]   (Site not responding. Last check: 2007-10-21)
Both clauses have been interpreted the same way, so that any state action that would be forbidden by the 14th Amendment Due Process Clause is also forbidden to the federal government via the 5th Amendment Due Process Clause.
This statute raises an issue of substantive due process — unless this means of enforcing child support payments is necessary to achieve a compelling state interest, the state may not use that method at all, against anyone.
Process required: If a person’s interest in property or liberty is being impaired, then she is entitled to due process.
www.zlawyer2b.com /constitution-7.html   (5351 words)

  
 American School Board Journal: April 2001 School Law
Neal also contended that the school board, Dolinger, and Robinson violated his due process rights by failing to train, properly instruct, and supervise Ector, and that their alleged failure established a custom in the Fulton County school district that resulted in Ector's violation of Neal's rights.
In that case, the 5th Circuit ruled that paddling and spanking incidents involving two students did not violate the Due Process Clause because the punishments were imposed under a school board policy that contained sufficient limitations on school employees to prevent arbitrary infliction of corporal punishment.
Marcus wrote that the five other circuits have found a violation of due process if a school employee intentionally used a degree of force that clearly was excessive under the circumstances and if the force created a reasonably foreseeable danger of seriously injuring the student.
www.asbj.com /2001/04/0401schoollaw.html   (1858 words)

  
 The Invention of "Substantive" Due Process - October 8, 1997   (Site not responding. Last check: 2007-10-21)
It is difficult to see how this second meaning of due process applies, since "process" has nothing to do with "substance." Unfortunately, this expansive meaning of due process caught on and opened the door for a whole Pandora's box of "constitutional" interpretations of all sorts.
The Supreme Court used this expansive reading of the due process clause to strike down state laws they did not like, but which were not mentioned in the Constitution.
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.
wildcat.arizona.edu /papers/91/32/04_2_m.html   (818 words)

  
 law.com - Interest in Adult Child Not Protected by Due Process Clause
Ruling on an issue that has split the federal circuits, two 3rd U.S. Circuit Court of Appeals judges have held that the Due Process Clause of the 14th Amendment does not protect the interest of a parent in the companionship of an independent adult child.
Under U.S. Supreme Court and 3rd Circuit case law, Fuentes said, it is well-settled that the Due Process Clause protects "certain narrowly defined fundamental rights of parents" in their relationships with their children.
Fuentes noted that the federal circuits are split on the issue, with the 7th and 10th circuits holding that parents have a liberty interest in the companionship of adult children.
www.law.com /jsp/article.jsp?id=1071351169015   (865 words)

  
 FindLaw Constitutional Law Center: U.S. Constitution: Fourteenth Amendment: Annotations pg. 3 of 40
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.
After noting that the due process clause, by reason of its operation upon ''all the powers of government, legislative as well as executive and judicial,'' could not be appraised solely in terms of the ''sanction of settled usage,'' Justice Mathews, speaking for the Court in Hurtado v.
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.
supreme.lp.findlaw.com /constitution/amendment14/03.html   (6227 words)

  
 Legal Definition of Due Process
DUE PROCESS - The idea that laws and legal proceedings must be fair.
A due process claim is cognizable only if there is a recognized liberty or property interest at stake.
The Sixth Amendment, which is applicable to the states through the Due Process Clause of the Fourteenth Amendment, see In re Oliver, 333 U.S. 257, 273-74 (1948), guarantees a criminal defendant a fundamental right to be clearly informed of the nature and cause of the charges against him.
www.lectlaw.com /def/d080.htm   (626 words)

  
 Due Process Mini-Outline:
PROCEDURAL DUE PROCESS: (Law Affects All) The Due Process Clause of the 5th-applies to the Federal Government The 14th Amendment-applies to the States Both provide that the govt shall not take a person's life, liberty, or property w/o due process of law.
Civil Forfeitures: -Procedural due process limits the government's ability to seize property allegedly subject to forfeiture (which most often occurs when the government claims that the property was connected to, or was the product of, criminal activity).
Substantive Due Process: Generally where the law limits the liberty of all persons to engage in some activity, it is a due process question.
www.lectlaw.com /files/lws63.htm   (1201 words)

  
 FindLaw: U.S. Constitution: Fourteenth Amendment: Annotations pg. 14 of 40
When Is Process Due.--''The extent to which procedural due process must be afforded the recipient is influenced by the extent to which he may be 'condemned to suffer grievous loss,'.
The Requirements of Due Process.--Bearing in mind that due process tolerates variances in form ''appropriate to the nature of the case,'' 265 it is nonetheless possible to indicate generally the basic requirements.
It is not, without more, a violation of due process to combine investigating and adjudicating functions in the same agency, 289 although the question of combination of functions is a substantial one in administrative law.
caselaw.lp.findlaw.com /data/constitution/amendment14/14.html   (6944 words)

  
 SSRN-The Little Word Due by Andrew Hyman
The clause was copied in 1866, by the framers of the Fourteenth Amendment, so as to restrain the state governments as well.
The Due Process Clause is now increasingly used by courts to nullify both procedural and substantive statutes, recently including so-called sodomy statutes in Lawrence v.
Newly published correspondence of Roger Sherman lends additional support to the conclusion that the objectivistic interpretation of the word due is the interpretation that is consistent with the definitions used by the Framers, and with the text and structure of the Constitution.
papers.ssrn.com /sol3/papers.cfm?abstract_id=643190   (471 words)

  
 Due Process Rights of Public School Students
The most obvious requirement of the Due Process Clause if that states afford certain procedures ("due process") before depriving individuals of certain interests ("life, liberty, or property").
In Goss v Lopez, the Court considers what due process means for students facing temporary suspension from school because of their alleged violations of school discipline rules.
UMKC School of Medicine, attended by Charlene Horowitz until her expulsion, which led to a procedural due process challenge decided in Horowitz v Board of Curators, University of Missouri.
www.law.umkc.edu /faculty/projects/ftrials/conlaw/dueprocesstudents.htm   (548 words)

  
 Using The Due Process Clause To Defend Claims For Class-Wide Punitive Damages
Dissenting in part, however, Justice O'Connor (joined by Justice Stevens) signaled a future willingness to review carefully what she described as "skyrocketing" punitive damages awards that were having "a detrimental effect on the research and development of new products" – such as prescription drugs, airplanes and motor vehicles.
In a separate concurrence, Justice Brennan emphasized that the Court was leaving "the door open for a holding that the Due Process Clause constrains the imposition of punitive damages...," at least where they are "grossly excessive" or "so severe and oppressive as to be wholly disproportioned to the offense and obviously unreasonable...." Id.
Although that amount probably was not constitutionally defective in light of the ultimate compensatory award of $750 million, the result was fortuitous rather than the result of a trial process that assured compliance with due process.
library.findlaw.com /2003/May/7/132716.html   (2242 words)

  
 BRIA 7:4 The 14th Amendment, Equal Protection Clause, Stalin Purges, Due Process, fair trial, self-incrimination
Raoul Berger, a scholar who wrote extensively on the 14th Amendment, argued that the elusive due process clause was simply intended to protect the civil rights of the ex-slaves in the South following the Civil War.
They contended that the due process clause of the 14th Amendment protected a citizen's freedom of speech from state laws as well as national law.
The equal protection clause of the 14th Amendment requires Texas and the Tyler Independent School District to provide free public schooling to the children of undocumented immigrants on an equal basis with the other children in the state and school district.
www.crf-usa.org /bria/bria7_4.htm   (5917 words)

  
 De Novo: Jason Samuel: Scalia on Due Process Clause
Well, it may or may not be a good thing to guarantee additional liberties, but the Due Process Clause quite obviously does not bear that interpretation.
Property can be taken by the state; liberty can be taken; even life can be taken; but not without the process that our traditions require---notably, a validly enacted law and a fair trial.
To say otherwise is to abandon textualism and to render democratically adopted texts mere springboards for judicial lawmaking.
www.blogdenovo.org /archives/000931.html   (363 words)

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