Respuesta :
Answering the question, the right to due process means that the government has to follow the law in its treatment of citizens.
The amendment to the US constitution, particularly the Fifth and fourteen amendments addressed the issues of Due process. Both amendments contain the Due process clause. Due process has to do with the administration of justice; it describes the legal duties of all states.
Further Explanation
The due process clause refers to a constitutional guarantee that prohibits the government from abusing the citizens. The due process contains the procedural rules that the courts must maintain when protecting the right of the people.
The fifth and fourteen amendments to the constitution ensured that no citizens or persons shall be deprived of the rights to liberty, property, life by the government without following the due process of law.
The due process refers to the legal requirement that all levels of government must respect all the rights that the constitution accord to a person. This implies that Due process protects the rights of all individuals, and if the government harms any person by not following what the law stipulates, then that would amount to a violation of the due process, which is against the rule of law.
Thus, the right to due process means that the government has to follow the law in its treatment of citizens.
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KEYWORDS:
- due process
- government
- law
- violation
- rights
Cannot deprive the person of their right of life, liberty and property
Further Explanation:
Due process clause was included in the fourteen amendments in which it is defined that no citizen can be deprived of its life, liberty and property. These are the three important rights which J.S. Mill too focused in its book “On Liberty”. Earlier this restriction was only applicable to the federal government by Fifth Amendment, but with the invention of due process clause, it is applied to state government as well by the Fourteen Amendment. The rationale which they included was that the government of America at all their levels should follow just, fair and impartial procedures in dealing with any case and there should be no discrimination, until and unless they have the strong reason of doing that. A judge can also step down from any case if he/she found his/her interest coming in conflict with the case. New York, in 1787 included “due process” in their Bill of Rights.
The scrutiny is done by the supreme court and it is the final arbiter in a case involving conflict between government laws and fundamental rights.
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Answer Details:
Grade: High School
Subject: Social Science
Chapter: U.S. Bill of Rights
Keywords:
fourteen amendments, life, liberty and property, J.S. Mill, On liberty, fifth amendment, due process clause, fourteen amendment, just, fair, impartial, no discrimination, New York, 1787, Supreme Court, final arbiter.
