As a member of the law enforcement community, I see where “vagueness” and “due process clauses” play a significant role in keeping the justice system moving in the right direction. In law enforcement, we utilize the fact that some laws are vague in definition. If there is a person of interest in a vehicle that needs to be identified. A street savvy police officer will need to find some probable cause to get that car stopped so that they get that individual or individuals identified. That could mean a traffic stop for not having the proper lightening over your rear license plate or straddling the center lane. Those are traffic violations that the average person is unaware of, but a reasonable person would be. Many times in law enforcement you have to be creative in your tactics. Even with those types of creative tactics, the founding fathers still had the public in mind when they created the Constitution and the branches of government. For those reasons and others makes laws that are too vague unconstitutional. For receive a sanction, an individual must know that there are regulations in place that prohibit that particular conduct. Therefore punishment can not be executed because …show more content…
There is another portion of the due process in the 14th Amendment which regulates the actions of the state. This clause is put into place so that a person’s right to life, liberty, and property, will not be deprived. Due process is procedural in nature and provides safeguards making sure the and has the right to be tried by a jury, have access to a lawyer and the ability to cross-examine a witness.The creators of the Constitution wanted to make sure that limited government authority will be the glue that holds the due process clause constitution together for the people of this country. The substantive law principles with particular power for the government are in the 1st, 2nd, and 8th
The Due Process Clause was interpreted differently by various Justices in the Court who were using different theories for understanding the Constitution. There are three major theories for Constitutional interpretation. The first is textualism, which is the theory that the “ordinary meaning” of a law should be used for its interpretation, rather than the reason it was written or the problem it was meant to solve. The second is originalism, which says that the interpretation of a law should be decided based on the original meaning or purpose the law had when it was written. The third is literalism, which is rather self explanatory and, as the name implies, means interpeting the text of a law as literally as possible. I
Congress and Abraham Lincoln were able to pass the 13th Amendment, but shortly after the end of the war Abraham Lincoln was shot while attending a play at a theater. After Abraham Lincoln passed away Congress had a more difficult time under Andrew Johnson who tried to veto a Republican bill. Congress retaliated by voting to impeach the Andrew Johnson. Afterward Congress was able to pass the 14th and 15th Amendments. The 13th, 14th and 15th Amendments changed the United States by increasing the federal government’s power over the States and this had an affect across society.
Due Process of law can be defined as a right guaranteed in the 5th and 14th amendments of the U.S.
At the outset of the 14 amendment is the due process clause. This clause is similar to the fifth amendment but without the limitations of
In 1791, the Bill of Rights was added to the Constitution to guarantee a limited government and protect the rights of the American people from the federal government. The 14th amendment was added later in 1868 in order to ensure due process for all and equal protection under the law. Many people have debated the effectiveness of these documents and called into question whether the freedoms of Americans are being protected. However, they have remained throughout the years as a steadfast guide for the basic freedoms we as Americans hold. The Bill of Rights and 14th amendment are effective because they have created a framework for court cases that have further refined and protected our freedoms, inspired action by the president and Congress to
The 14th Amendment was added to the Constitution in order to guarantee equal treatment and to forbid any state to deny someone the right to receive a fair chance with issues of life, property and due process. (p 30). Today, the 14th Amendment continues to represents as one of the most historically significant building blocks to our nation's democracy. It still symbolizes our country's promise that everybody is created equally under the law regardless of gender, race, orientation or nationality. The relevance of the 14th Amendment outlined in the United States Constitution shapes the origin and growth of our nation.
Because of this language, the Fourteenth Amendment appears to be — and to some extent is — simply the application of the Fifth Amendment, and through selective incorporation, the rest of the Bill of Rights. To that end, the Fourteenth Amendment possesses a fortuitous expansion to the simple due process right: the right to equal protection of the laws. Laws that appear to violate the Equal Protection Clause thusly receive the same kind of scrutiny that other fundamental rights are given.
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
Some of these rights are the right to be assumed innocent until proven guilty, the right against arrest without probable cause, the right against self-incrimination, the right to an attorney, and the right to fair questioning by the police. All of this is part of the Due Process Model but one thing the Due Process Model calls into question is, do the rights of the individual outweigh the rights of the many? (Perron)
The originally Bill of Rights protected the rights of citizens from infringement by the federal government, but made no mention of the states. The Fourteen Amendment, adopted shortly after the Civil War, protected citizenship and individual rights from infringement by state governments. Under the Fourteenth Amendment’s due process clause, the United States Supreme Court began to apply the most important rights guaranteed in the Bill of Rights against the states. This process began in the early 1900s and is known as the doctrine of selective incorporation. Duncan versus Louisiana was the landmark case in which the court incorporated the Sixth Amendment right to a jury trial against the states.
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
When the Fourth Amendment first became part of the Constitution, however, it was originally only applied to the federal government. Later on, it was applied to the states through the Due Process Clause of the 14th Amendment (“THE HISTORY BEHIND THE 4TH AMENDMENT”).
There is much stigma surrounding gender like the way they are presented to the public. Now, regarding these two commercials clearly the sex play an important role in getting across its message. For example, in the Miller Lite commercial what is displayed is the inability to order a real drink. The commercial depicts the guy as "feminine" cause of his carry-all. The main character could be categorized in the section men's women because of the way he is depicted in this specific commercial. The next commercial which is the Secret Deodorant commercial compares in a way to the Miller Lite commercial. Both characters in the commercials are in a sense blind to the fact they are doing something inherantly wrong. The only difference is the sex is reversed,
In literature it is common for authors to borrow elements of a different story and make it their own. In “Lord of the Rings: The Fellowship of the Ring”, Tolkein follows the hero’s journey and uses many concepts found in the poem, Beowulf. Beowulf is an ancient English story of the king of the Geats, Beowulf. Beowulf is a superhuman King that’s fights magical creatures in hope of being remembered. In “Lord of the Rings”, A young hobbit, Frodo, is given the great responsibility of protecting an evil ring until it can be destroyed. Because Tolkein was a Beowulf scholar, elements of Beowulf are depicted in “Lord of the Rings”. Both protagonists, Frodo and Beowulf, are similar by how they receive their call to adventure, their strength, and
The most recent major incident with nuclear power took place in Fukushima. Some people believe that the explosion of nuclear reactor the tragedy is similar to the detonation of a thermal nuclear device and this is a common misunderstanding: nuclear reactor cannot possibly explode in the way atomic bomb does because the reactors utilize only slow neutrons. After the Chernobyl disaster, with improvements in emergency procedures and plant designs, the fission process can now be effectively moderated. When the Fukushima reactors were hit by the tsunami, the fission reaction was shut off successfully. However, the real problem is that even if the fission process has been shut off, the core still must be continuously cooled because the naturally