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The Pros And Cons Of Due Process

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The Constitution guarantees rights and fair treatment for everyone. The rights that the Founders outlined in the Constitution include those reserved for the federal government as well as those reserved for the people. These rights have been altered throughout the years, and some continue to be debated. Policies have been put in place to deal with those who decide to disturb the peace and break the laws. The structure of America’s society relies on these rights and laws. Due Process is a fundamental part of American law. This is made obvious, since the Constitution has two due process clauses: the 5th Amendment and the 14th Amendment. The 5th Amendment states that the federal government cannot deprive anyone of life, liberty, or property without due process of the law. The 14th Amendment extends the 5th Amendment to the States and their local governments. Chief Justice William Howard Taft had this to say about due process: “The due process …show more content…

It was eventually determined that fair procedures can be used to administer unfair laws. As long as the government acted accordingly with laws, they were exercising due process. As a solution, the concept of substantive due process was created in addition to procedural due process. Procedural due process has to do with the procedures and methods of government action, and substantive

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