Assignment #3 -- Due process
1) What is due process of law?
2) What is procedural due process?
3) What is substantive due process?
4) What is the doctrine of incorporation?
Assignment #3 -- Due process
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» Period 3 / Constitutional Change
» Assignment #3 -- Due process
Summary:
pp 124 - 128
1) The due process of laws is when the Federal and State governments must (according to the 5th and 14th amendment) treat their citizens equally when it comes to the natural rights of individuals.
2) The procedural due process is the idea that government must respect the legal rights of its citizens and treat them fairly.
3) Substantive due process is when the Supreme Court oversees the due process clause and determines if the clauses are Constitutional
4) The doctrine of Incorporation is the way the Supreme Courts links the due process to the bill of rights to prevent abuse by States.
1) The due process of law are the Fifth and Fourteenth Amendment that the states and federal governments are mainly life, liberty, and property towards individuals.
2) The procedural process is that the government must respect all, not some, of a person's legal rights.
3) The substantive process is the judicial powers of the due process clauses of the U.S. Constitution telling the purpose of the law to be fair and reasonable.
4) The doctrine of incorporation is the process through which the U.S. Supreme Court applies the due process clause of the Fourteenth Amendment.
1.The due process clause is when the government can not incarcerate anybody without going through the court process
2. procedural government is when the government cant lock up people without going through the court process
3. substantive is when the government can not take away your individual rights without a good reason
4. incorporation is restrictions and limits is placed on both the national and state government
1. the due process of law is the laws the both the na't and state government has to follow which is protection the people's rights as a community and their individual rights.
2.the procedural process is everyone is treated and looked at the same level, everyone is treated the same. Everyone's rights are protect at the same level.
3.substantive process is judical branch elaborating on laws to make sure they are correct and went through the right law process.
4. the doctrine of incorporation is restrictions placed on both the nat'l and state gov't to make sure that are a totalitarian gov't.
1. Due Process Clause- The government has to follow procedures so that they won't make unfair laws that limits peoples rights to life, liberty or property.
2. Procedural Due Process- The government has to go through procedures if need to take away their right to life, liberty or property.
3. Substancial Due Process- The Constitution has laws that say the government can't take away peoples rights to life, liberty or property.
d4. Doctrine Incorporation- The Bill of Rights applies to state governments too they have to carry out the same laws the federal government.
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