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Constitutional Limits

Decent Essays
This week’s study of Constitutional Limits has presented before this group of students a correlational objective between the vagueness doctrine and due process clauses. Can we have one without the other? If not, why? According to Brody and Acker (2010, p.28), citizens must be made aware of laws in order to abide by them. A person cannot be expected to abide by laws of society, if those laws have not been provided to the public. In the case of Lambert v. California (1958), a person who has been convicted of a felony cannot reside in the city of Los Angeles past five days without registering. Failure to do so, can and will result in additional charges. If the law was not posted, in plain sight, for all citizens to be able to see, would it…show more content…
Citizens must be provided with notice, in writing, in order to be held accountable for abiding by the rules. The example that Brody and Acker (2010) gave in our reading this week was a driver exceeding the speed limit. If the driver had not traveled down that road before, it is possible that they were unaware of the specific speed limit. Regardless, the officer has the ability to write a ticket for the infraction. The driver has the ability to fight the ticket in court, thus providing them due process.
Under due process, the fifth and fourteenth Amendments are ensuring that every individual is afforded the opportunity that ensures that a citizen has the ability to have their procedural rights intact. According to Williams (2010, p.415), due process is the most fundamental right afforded to a person in the United States. Without it, citizens could be left at the mercy of unfair courts and vague laws.
The fact remains that both due process and the vagueness doctrine are intertwined with one another. Whether that is through not having particular laws posted, for the public to see, even if they are from decades ago, to being afforded basic rights of due
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