Due process - Essay Example

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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…
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Download file to see previous pages 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 ...Download file to see next pagesRead More
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