The Concept of Due Process - Essay Example

Due Process The American constitution provides rights and privileges that a person should enjoy at all times. The requirements for these legal rights that are owned by either the nation or the state to individuals and should be respected are referred to as the due process. The Due Process is provided in the fifth amendment of the Federal government constitution stipulating that individuals shall not be “deprived of life, liberty, or property without the due process of the law.” In addition, Due Process Clause is provided in the Fourteenth Amendment providing the legal provisions that should be adhered to by the states. It is meant to provide a balance on the powers that are owned by the laws while providing protection to individuals. Various cases have been used in the understanding of this clause, in this essay a focus on the Plessy vs Ferguson and Brown vs Board of Education will provide more insight on the concept of Due Process. The concept of Due Process has a very long history that dates back in A.D 1354. Historical evidence indicates that the first time this phrase appeared was during the reign of Edward III of England as provided in a statutory rendition of the Magna Carta. English jurist Edward attempted the interpretation of the Magna carta, he established the modern thought of Due process. In the United States, the ratification of the Fifth Amendment done in 1791 provided for the Due Process. In addition, the Fourteenth Amendment was ratified in 1868 to provide a limit to the powers that are held by the state (Sunstein 1567). These laws have continued to evolve; usually attracting various interpretations from the Supreme Court. The Due Process provides checks and balances to the governments so that they do not violate the provisions of the Bill of Rights. The Due Process clause was extended from the federal government as provided in Amendment Five to include the state governments since it was seen to be an advocate for the Bill of Rights, this was achieved through a series of Supreme Court decisions. Due Process is so much inclined to the procedure in which justice is dispensed, this procedure should retain fairness and equality. This explains the provisions of the landmark ruling Brown vs Board of Education. The Due Process Clause has some generality, which has been used by judges in their decisions, especially on the Plessy vs Ferguson. When the government is obliged to follow fair procedures by the two amendments, there is lack of clarity on the aspect of fairness. For example, the judges in the Plessy vs Ferguson thought that it was fair that he public policy should precede individual interests. The basis of ‘Due Process’ should be clearly understood and interpreted. However, due to the shallowness of the Fifth and Fourteenth Amendments, there is no clear cut line on what to what extent is the government expected to provide in terms of fair procedures. This leaves the court to establish what is fair and what is not. The Due Process Clause is applicable on cases where the state acts against individuals. The clause is not necessary in establishing laws; instead, it is invoked when some of the characteristics of an individual citizen are involved. The Clause captures the application of the state and federal laws to the citizens and not in any way the way the laws are made. The state can act as it pleases in relation to its laws, but the Due Process Clause provides a framework of gauging whether the state deprived the involved individual their rights and privileges. The Due Process can either be substantive or procedural. Substantive Due Process obliges the government to act thoughtfully and fairly, while making informed decisions in dealing with incidences affecting individuals in a society. The decisions should be rational and very compelling. On the other hand, Procedural Due Process entails the steps that are involved in bringing an individual to justice. It provides that the laws, which depict conformity to the substantive standards, should be fair and effectively applied. Let’s now turn to some of the cases that have contributed to the understanding of the Due Process Clause. The Due Process Clause has been interpreted by the United States Supreme Court to incorporate other diverse aspects. One of the major additional to the clause is that it has gone ahead to provide protection to the Bill of Rights. In the first endeavor to interpret the Fourteenth Amendment, the case of Plessy vs Ferguson provides much insight into the concept of due process. In this case, Plessy was arrested for having broken the Louisiana state law that provided that the blacks use different railcars from the whites. Judge Ferguson ruled that Plessy had contravened the law and was fined. Plessy went ahead to appeal, the case was thrown out and he ended up to the United States Supreme Court. In the interpretation of the case, the court upheld Ferguson’s decision hence leaving unanswered questions on the provisions of the Fourteenth Amendment, which provided that there should no deprivation of life, property or liberty without adherence to the provision of the law. The plaintiff’s lawyer had argued that the black inclination of his client was tantamount to property, which was clearly provided in the law. In his decision, the judge argued that the separation of the races was not based on equality but was a matter of public policy as provided in the Louisiana law (Rubin 513). In the evolution of the Due Process law, Brown vs Education Board (1954) provide a major leap in the development. Contrary to the decision made in the Plessy vs Ferguson case where the racial segregation was upheld based on the state laws, this case made state laws regarding segregation unconstitutional. Oliver Brown and other parents on basis that they were denied vacancies for their children’s schooling, based on the preexisting racial segregation presented the case to the District Court. The segregation was based on the Kansas state law that provided for different school for blacks and whites. The District Court using the Plessy vs Ferguson case established that the Education Board was right and had not violated any of the laws. However, the three judges presiding over the case established that there was a detrimental effect of the segregation to the black children. The case found its way to the Supreme Court, which was obliged to make an interpretation of Amendment fourteen. The Supreme Court enjoined the case with other cases that were based on segregation issues. After the review, it was unanimously agreed by the judges that segregation was detrimental to the black students; therefore, they termed the act as unconstitutional. This was a major breakthrough towards the recognition of the Amendment Fourteen in its real terms. This landmark ruling scrapped off the earlier constitutional interpretation (Plessy vs Ferguson) unbinding. In conclusion, Due Process is an old historical concept that has continued to evolve over time. It has its basis in the Fifth and the Fourteenth Amendments of the Federal constitution. The law provides that the state as well as the federal government shall not deprive individuals of their life, liberty, or property without the right procedural mechanisms being laid in place. The interpretation of this clause has attracted diverse views in its interpretation due to its narrowness. There are two conflicting rulings that have made by the Supreme Court in the attempt to ensure that the clause is binding. The Plessy vs Washington clause was faulted for its lack of fairness as provided in the two amendments, this was corrected by the Brown vs Board of Education, a ruling that made the biased state law on racial segregation unconstitutional. Works Cited Rubin, Brent M. "Buchanan v. Warley and the Limits of Substantive due Process as Antidiscrimination Law*." Texas Law Review 92.2 (2013): 477-516. ProQuest. Web. 31 Mar. 2014. http://search.proquest.com/business/docview/1491095978/D93CDED47DC24BB8PQ/2?accountid=45049 Sunstein, Cass R. "DUE PROCESS TRADITIONALISM." Michigan law review 106.8 (2008): 1543-70. ProQuest. Web. 31 Mar. 2014. http://search.proquest.com/business/docview/201155865/97A5490E3EA0484EPQ/9?accountid=45049 Read More