State X Enacted A Statute Essay

1342 WordsSep 18, 20166 Pages
State X enacted a statute in 2000 that stated, “the governor has the sole authority to declare a state of emergency and, during the emergency, to suspend all rules, regulations, and rights as seem fit without court supervision and/or authorization.” Following a breach of levees in City B located in State X, the governor of State X ordered that all legal and illegal firearms be confiscated. The governor also ordered all police and troops to conduct a house-to-house search and seizure of all such weapons. In order to determine the constitutionality of the statute under the circumstances, we must first examine the constitutional authorities prevalent to the issue at hand. The constitutional authorities that apply to this statute are the 5th and 14th amendments. The 5th amendment states, “No person shall be deprived of life, liberty, or property without due process of law.” The 14th amendment states in pertinent part “Nor shall any State deprive any person of life, liberty, or property without due process of law.” There are two types of due process; procedural and substantive. Procedural due process occurs when an individual who is faced with deprivation of property or liberty is denied notice and an opportunity to be heard before a court. Substantive due process is a question of whether the state has a reasonable basis for enacting a statute that interferes with one’s liberty. Under the current circumstances substantive due process would be appropriate in evaluating the

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