Comparing The Supreme Court And The Founding Fathers

In comparing Thomas Jefferson’s Letter to the Danbury Baptists, The Declaration of Independence, and U.S. Constitution, it is evident that the basis of all three documents is the idea that all human beings possess God-given fundamental rights and that government is created to protect those rights. The Declaration of Independence, written by Thomas Jefferson in 1776, is the first of the three documents penned. This is important because it defined the rights of liberty and equality of all American citizens as outlined in John Locke’s natural law thesis (Martin, page 113). In addition to providing an itemized account of the grievances colonist’s held against King George III of England, it served to justify the colonist’s quest for independence and separation from British rule. The Declaration of Independence conveyed to the crown that "all men are created equal, that they are endowed by their Creator with certain unalienable rights, which among these are life, liberty and the pursuit of happiness." The Founders’ of the New World understood that their pursuit of liberties and autonomy specified in the Declaration of Independence could not come to fruition without instituting decrees. In 1787, the U.S. Constitution, was written to replace the Articles of Confederation with a better defined series of stringent laws that would legally uphold the freedoms and privileges established in the Declaration of Independence. The First Amendment of the Bill of Rights in

On June of 1776, the Declaration of Independence was born. Drawn up by Thomas Jefferson and based on the works of John Locke, the general purpose of the document was to clarify that governments have conditional, not absolute authority over the people; that human beings possess natural rights that can’t be taken from them and government is created to protect those rights. The phrases “unalienable rights of life, liberty, and the pursuit of happiness” and “all men are created equal” were the main theme of the social contract written for the small colonies of what would be the basis of the United States of America to declare independence from Great Britain and its tyrannical king. However, “unalienable rights of life, liberty, and the pursuit of happiness” and “all men are created equal” did not apply to African Americans, enslaved or free for the coming years.

A landmark case that shifted the attention to due process was Miranda vs. Arizona. In this historical landmark case the Miranda Rights got there famous name from this man Ernesto Miranda. The attention shifted to due process because of the fact that Miranda pled his rights were not read to him, therefore he did not know he could not self-incriminate himself. He claimed she was coerced to giving his confession (Miranda v. Arizona). From then on the criminal justice system new they had to do something about criminals trying to flee from the law by saying their rights were not read to them. Police departments everywhere new something had to be done. Therefore the Miranda rights were born all criminals were being arrested had to be read their Miranda Rights, therefore they could not plead that their rights were not read to them that is why the Miranda Rights is an important part of the due process. It is not fair to the suspect to arrest him and not to let them know why they are being detained, or

The Fifth Amendment says to the federal government that no one shall be “deprived of life, liberty or property without due process of law." Due process is one of many protections the Bill of Rights gives citizens against the government, and being a ‘process’ the term suggests a procedure in its method of protection. “The Fourteenth Amendment, ratified in 1868, uses the same eleven words, called the Due Process Clause, to describe a legal obligation of all states. These words have as their central promise an assurance that all levels of American government must operate within the law ("legality") and provide fair procedures (Strauss, n.d.).” The Fifth Amendment limits the power of the federal government and the Fourteenth Amendment specifically limits the power of state (and local) governments.

The due process clause allowed the Court to interpret the Fourteenth amendment to apply the Bill of Rights to the states. This clause prohibits the government from depriving individuals of life, liberty, and/or property. Because this clause grants American citizens these liberties and forms of protection, the court decided the state and local governments must abide by them.

Commonly referred to as the due process clause, it was passed by Congress in 1866, and ratified by the states in 1868. Its effect would eventually be to ensure the rights guaranteed in the first ten amendments would now apply to the states. The several remaining states that still had official, or state sponsored religions, would be required to sever that

Administrative agencies and fact-finding committees have assumed a major role in Government. Some of the various procedures adopted in their proceedings have resulted in serious constitutional questions. The fourteenth amendment to the U.S. Constitution provides that "no state shall ... deprive any person of life, liberty, or property, without due process of law." Under our Constitution, “no person shall be deprived of life, liberty or property, without due process of law." Llitigant’s are supposed to have a right to present their claims, to confront and cross-examine witnesses, and have a fair opportunity to be heard by an impartial adjudicator. The standard elements of due process provide litigants with

Due process by itself means that specific rules use in criminal cases. Stages need to be respected and rules of evidence use. In lesser cases, these substances are reasonably simple. The bigger the case, the farther strides and personnel are tangled and if any stage is avoided or ignored, the attorneys can have a field day in court, finally having a case tossed out due to his customers "rights" because he was violated. Due process halts a police state from taking over, but it also blocks the legal system with attorneys going around each and every stage. As for instance, a lot of police departments carry around with a paper printed out with the Miranda rights where an individual can automatically signs when detained and charged. This helps to

The due process model is justice that is supposed to focus on the protection of the rights of the citizens that are being accused of in the criminal system. This model protects the rights of the citizen by “formal, legal restrains on the police, courts, and corrections” it also provides the proper treatment for all

The rights guaranteed under the "due process" clauses of the Constitution have their origins in the famous Magna Carta, a thirteenth century English document that guaranteed certain rights to the nobles of the realm. The relevant aspect of the document was the guarantee that the nobles would receive treatment according to what the law stated because the King would only act in accordance with the law. This comes down to the modern world as the guarantee that those accused of criminal acts receive fair treatment and are fully aware of the

The Supreme Court was made up by the Judiciary act of 1789. It was made up of six justices and they had to serve on the court until they died or retired. The Supreme Court was put on Article 3 of the Constitution, which states that the Supreme Court is jurisdiction on all laws and they overlook treaties of the United States. The first meeting of the Supreme Court was on February 1, 1790 in the Merchant's Exchange Building in New York. Since 1935, they have decided a lot of America’s issues. Some include eliminating race, separating the church from the states, decided life or death for capital punishments, and refined rights of criminal defendants.

I found your posting enlightening and informative. Under the due process model, it seems that one is more along the line of the interpretations of the early origins of The U.S. Constitution and that is considered “the fundamental law of the land” (Neubauer & Fradella, 2014, p. 32).

Due process of law has been called the "primary and indispensable foundation of individual freedom" because it protects the individual from government wrong doing

In the Declaration of independence, Jefferson writes that “all men are created equal,” and that they are created with certain “unalienable rights” - the rights to life liberty, and the pursuit of happiness. The Declaration of Independence was not written to be U.S. law, but rather a philosophy. The Constitution was based off that philosophy, and thus equality was written into the American law.

The two types of due process is the procedural due process and the substantive due process. Procedural due process is that government officials must follow procedures and not act without a reason when making laws. It requires the government to act in particular ways before regulating or taking away the life, liberty, or property of someone. The proceedings must be clear by stating the charges that the person have done and fair where they have a jury and the right to bring witnesses. Substantive due process is the Constitution prohibits some laws, no matter how popular those laws may be with legislatures, executives, or the people. It is based on the idea that some rights are important to the point that the government must have a reason to change