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Topic: Substantive due process


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 Los Angeles Lawyer - Due Process
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.
Moreover, the substantive component of due process has proven to be very controversial, because it gives the U.S. Supreme Court considerable power to strike down state and federal statutes in order to legalize activities that a majority of the judges don't think should have been criminalized in the first place.
www.danataschner.com /due_process.html   (2242 words)

  
 CITES BY TOPIC: due process
Due process of law in each particular case means such an exercise of the powers of the government as the settled maxims of law permit and 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 concept of “due process of law”; as it is embodied in the Fifth Amendment demands that a law shall not be unreasonable, arbitrary, or capricious and that the means selected shall have a reasonable and substantial relation to the object being sought.
Substantive due process is a limit on the government's power to enact laws or regulations that affect one's life, liberty, or property rights.
famguardian.org /TaxFreedom/CitesByTopic/DueProcess.htm   (6077 words)

  
 Right to Due Process
At a minimum, due process means that a citizen who will be affected by a government decision must be given notice of what government plans to do and have a chance to comment on the action.
In addition to notice and an opportunity to be heard, due process may include a hearing before an impartial person, representation by an attorney, calling witnesses on one's behalf, cross-examination of witnesses, a written decision with reasons based on evidence introduced, a transcript of the proceeding, and an opportunity to appeal the decision.
Substantive due process refers to the Supreme Court's examination of the reasons why the government passed a law or otherwise acted in a manner denying a citizen or a group of citizens life, liberty, or property (regardless of the procedure the law provides).
www.lincoln.edu /criminaljustice/hridueprocess.htm   (809 words)

  
 DUE PROCESS OF LAW: A BRIEF HISTORY   (Site not responding. Last check: 2007-10-13)
The Due Process Clauses are arguably among the most important and controversial provisions in the United States Constitution.
WADE, wherein substantive due process was used as a restriction on state action in the form of a restrictive abortion law.
As a result, Orth’s history of due process is left floating free from many of the traditions, influences, and institutions that ground it.
www.bsos.umd.edu /gvpt/lpbr/subpages/reviews/orth-john.htm   (1191 words)

  
 Teaching about Due Process of Law. ERIC Digest.
Due process was an important feature of many colonial charters in British North America and in statutes such as the 1641 Massachusetts Body of Liberties (Quigley and Bahmueller 1991, 619).
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.
Procedural due process means that if the government is to deny people life, liberty, or property, it must follow fair and previously established legal procedures in criminal and civil cases.
www.ericdigests.org /2005-1/law.htm   (1205 words)

  
 Freespace: What is subsantive due process, really?
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.
The reason for the change in understanding substantive due process cases in the 1930s was not that the judges suddenly woke up and realized that “due process” only refers to procedural protections, or even that they decided that mere enactment of a law satisfies the due process clause.
Prior substantive due process decisions took it for granted that, since it was not legitimate for an individual to steal property, so it was not legitimate for a group of people to order the state to steal property on their behalf.
sandefur.typepad.com /freespace/2004/10/what_is_subsant.html   (2965 words)

  
 Due Process Issues   (Site not responding. Last check: 2007-10-13)
Due process generally refers to the regularity, fairness, equality, and degree of justice in both procedures and outcomes.
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.
DUE PROCESS is also related to the incorporation debate since it's mentioned in both the Fifth and Fourteenth amendment.
faculty.ncwc.edu /mstevens/410/410lect06.htm   (2084 words)

  
 Due Process Violations
Due process is a consideration in peer review in two situations: when the hospital or other entity carrying out the review is a governmental entity and if the review is governed by specific state or federal laws.
Substantive due process is an old legal notion that more nearly approximates a lay idea of fairness.
Substantive due process is a consideration in peer review only if the review criteria exclude classes of practitioners without evidence that this exclusion is reasonably related to the quality of medical care.
biotech.law.lsu.edu /Books/lbb/x496.htm   (582 words)

  
 Due process - Wikipedia, the free encyclopedia
Due process has also been frequently interpreted as placing limitations on laws and legal proceedings, in order for judges instead of legislators to guarantee fundamental fairness, justice, and liberty.
The due process clause applies to "legal persons" (that is, corporations) as well as to individuals.
Although the Queen's Bench held that the House of Commons had not infringed or overturned due process, John Paty was ultimately freed by Queen Anne when she prorogued Parliament.
en.wikipedia.org /wiki/Due_process   (4690 words)

  
 Constitutional Topic: Due Process - The U.S. Constitution Online - USConstitution.net
Due Process is mentioned in two places in the Constitution; in the 5th Amendment and in the 14th Amendment.
Due process is a difficult thing to define, and the Supreme Court has not been much help over the years.
In the Magna Carta, due process is referred to as "law of the land" and "legal judgment of peers." Some state constitutions continue to use these phrases.
www.usconstitution.net /consttop_duep.html   (374 words)

  
 Due Process in Code Enforcement
If discussing substantive due process, (the fairness of the decision as opposed to the process leading to the decision) it means the overall decision must be fair.
Many controversies have raged about the cryptic and abstract words of the Due Process Clause but there can be no doubt that at a minimum they require that deprivation of life, liberty or property by adjudication be preceded by notice and opportunity for hearing appropriate to the nature of the case.
An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.
www.kscoplaw.com /outlines/dueprocesscodeenforcement.htm   (1874 words)

  
 Substantive Due Process
Due Process Clause not only requires "due process," that is, basic procedural rights, but that it also protects basic substantive rights.
Under the substantive wing of the "Incorporation" doctrine, where the Court adopt selected provisions of the Bill of Rights and apply them to the states under 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.
members.aol.com /abtrbng/sdp.htm   (1032 words)

  
 Perdue: Sin, Scandal, and Substantive Due Process
Field, the 'prophet' of substantive due process, seized on Pennoyer as a vehicle to entrench the due process clause of the fourteenth amendment as a barrier to state action inconsistent with natural law rights, and went far beyond the facts and issues before him to do so.
Further, while the scope of the due process clause as a limit on substantive state regulation was unclear, there was general agreement that the due process clause had something to do with what procedures were required.
The discussion of the due process clause comes at the end of the opinion, after Field concluded that there was no personal jurisdiction and that enforcement of the judgment could be resisted on the basis of the full faith and credit cause.
carver.law.cuny.edu /materials/civpro_materials/perdue.html   (14544 words)

  
 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.
Because this subject is so crucial, I will in due course offer further essays which examine in detail the major areas of disagreement among scholars regarding the history, meaning, and current jurisprudence relating to the due process of law.
www.jurlandia.org /dueprocess.htm   (747 words)

  
 "Evolution of the substantive due process scam"
Congress used the same "due process" language in the first paragraph of the Fourteenth Amendment that the Court had "perverted" (as Abe Lincoln said) to justify the Dred Scott decision [5].
In extending the substantive due process scam, the justices decided to see how far they could stretch the words "liberty" and "property" as used in the Fifth and Fourteenth Amendments.
The key to the substantive due process scam is those last eight words, "unless there are circumstances which exclude the right." If the Fourteenth Amendment guaranteed one an absolute right to "make a contract in relation to his business" one could undoubtedly hire a hit man to knock off a business rival.
tempknak.home.att.net /DPScam.html   (3164 words)

  
 Basic Due Process for Pa. Students
The due process clause of the Fourteenth Amendment to the United States Constitution states"....nor shall any State deprive any person of life, liberty, or property, without due process of law...." The Pennsylvania Constitution gives plenary power over education to the General Assembly, which is the legislative branch of government.
Substantive due process basically refers to the reason or cause for the deprivation of the liberty or property right, while procedural due process refers to the procedures, which must be followed before the liberty or property right is deprived by the state.
Although federal courts will require that a state provide due process before a liberty or property right is denied, the actual substantive and procedural due process rights generally are located in state sources rather than in federal sources.
www.departments.bucknell.edu /edu/ed370/student_due_process.html   (2052 words)

  
 The Invention of "Substantive" Due Process - October 8, 1997
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.
wc.arizona.edu /papers/91/32/04_2_m.html   (818 words)

  
 Substantive Due Process
Substantive due process is oxymoronic because due process, by definition, is about process, not substance.
That's the idea, anyway; "substantive due process" deals with the actual substance of laws, whereas actual (procedural) due process deals with how those laws are applied.
But there's no clear line between the two, because (the substance of) many laws govern procedural matters; it is completely uncontroversial for the Due Process Clauses to be read as restricting the substance of statutes in that context.
www.uselectionatlas.org /FORUM/index.php?topic=41544.msg920719   (273 words)

  
 Due Process of Law
“Due process of law,”; as a phrase and as a concept, was already old at the time it was adopted by American constitution-writers, both state and federal.
Mindful of the English background and of constitutional developments in the several states, Orth in a succinct and readable narrative traces the history of due process, from its origins in medieval England to its applications in the latest cases.
This unconventional history of the concept of due process heightens the reader’s understanding of an important and vexed question of Anglo-American law and constitutionalism.
www.kansaspress.ku.edu /ortdue.html   (506 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   (1223 words)

  
 Substantive Due Process
Substantive Due Process theory began to develop before the Civil War.
One case that had a profound impact in the rise of Substantive Due Process was Dred Scott v.
It further found the Due Process and the Equal Protection Clauses inapplicable except with respect to the institution of slavery and its immediate effects.
classes.lls.edu /archive/manheimk/114d3/echarts/sdp4x.htm   (1504 words)

  
 Basic Due Process for Pa. Educators
Due process is affected by the gravity of deprivation.
As a general rule: the greater the deprivation, the greater the process that is due.
Information concerning the due process requirements for the employment issues of dismissal, demotion and suspension (furlough) is presented in Issues in Pennsylvania School Law.
www.departments.bucknell.edu /edu/ed370/teacher_due_process.html   (2028 words)

  
 Balkinization
Substantive due process, I must report, is as American as apple pie, and even the people who publicly disdain it actually invoke it.
In the Keol case, the Due Process Clause was not mentioned in the Opinion of the Court.
There is no substantive protection offered in the Article 5 due process clause that prevent the government from taking from property from private party A and giving the property to private party B. As long as the transfer is accomplished according to the law of the land it is permitted.
balkin.blogspot.com /2005/08/dred-scott-and-kelo.html   (7575 words)

  
 NJ Governor and substantive due process
First, the court accepted the argument that _if_ New Jersey law required an election, it would be a violation of federal substantive due process to fail to hold it.
If the state law requires an election, it violates substantive due process to fail to hold the election; if the state law does not require an election, there is no federal consitutional violation either.
Re: NJ Governor and substantive due process Edward A Hartnett
www.mail-archive.com /conlawprof@lists.ucla.edu/msg02174.html   (540 words)

  
 Lecture 14 - SUBSTANTIVE DUE PROCESS
Procedural due process permits government to take action that may have grave consequences for a person or group as long as it follows fair procedures.
Substantive due process prevents the government from taking some actions against an individual regardless of the procedural protections provided.
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.
www.indiana.edu /~lawecon/week8.html   (1366 words)

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