Procedural Due Process
How does the right to due process of law protect an individual’s right to life, liberty and property? John Locke, and influential English man during the Revolutionary war introduced natural rights. Locke described them as rights that because all men are created equal all men should get. Among these rights were the right to life, liberty and property. Thomas Jefferson, who was the main author of the Declaration of Independence, then took Locke’s idea of natural rights and placed the idea into the Declaration. Jefferson though, subbed “pursuit of happiness” in for “property” in the second section of the Declaration. “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty and the pursuit of happiness.
So in our Declaration that our founding fathers drafted long ago are our natural rights to life, liberty, and property. But what does that have to do with due process of law? Due process is the constitutional guarantee that all trials must be fair and one will be given the opportunity to be heard in front of a judge and jury. The constitutions fifth amendment protects citizens from government abuse. It requires felonies to be tried only upon indictment of grand jury. Making sure all trials are fair gives everyone an equal chance in law protecting their natural rights. Due process protects ones right of liberty in law and a fair life. The fourteenth amendment of the constitution grants citizenship to all those who are born on American soil. This grants those who are born here the natural right to live in America as a citizen. Due process protects everyone’s natural rights, and is enforced by the fifth and fourteenth amendment.
How would you distinguish between Procedural and Substantive due process? Procedural due process is the requirement that any law will be applied to a person with fair procedures. This includes a fair trial, and being
So in our Declaration that our founding fathers drafted long ago are our natural rights to life, liberty, and property. But what does that have to do with due process of law? Due process is the constitutional guarantee that all trials must be fair and one will be given the opportunity to be heard in front of a judge and jury. The constitutions fifth amendment protects citizens from government abuse. It requires felonies to be tried only upon indictment of grand jury. Making sure all trials are fair gives everyone an equal chance in law protecting their natural rights. Due process protects ones right of liberty in law and a fair life. The fourteenth amendment of the constitution grants citizenship to all those who are born on American soil. This grants those who are born here the natural right to live in America as a citizen. Due process protects everyone’s natural rights, and is enforced by the fifth and fourteenth amendment.
How would you distinguish between Procedural and Substantive due process? Procedural due process is the requirement that any law will be applied to a person with fair procedures. This includes a fair trial, and being