Explain how the 14th Amendment's Due Process Clause secured rights for the American people...to do this you need to explain the following bullet points.
Be sure to state what the Due Process Clause is...
What is the difference between the 14th and 5th Amendments' Due Process Clause?
Explain Procedural and Substantive Due Process...
Explain the intent of the 14th Amendment's Due Process Clause in terms of the Bill of Rights...(think what the states were doing)
Answers
Answer:
Due process is a requirement that legal matters be resolved according to established rules and principles, and that individuals be treated fairly. Due process applies to both civil and criminal matters.
In countries with developed legal systems, individuals expect that the rights enshrined in their constitutions will be applied to them fairly. This expectation of due process outlines the relationship individuals expect to have with their local, state, and federal governments—specifically, that the rights of the individual will not be violated.
KEY TAKEAWAYS
Due process requires that legal matters be resolved according to established rules and principles and that individuals be treated fairly.
The origin of due process is often attributed to the Magna Carta, a 13th-century document that outlined the relationship between the English monarchy, the Church, and feudal barons.
In the U.S. due process is outlined in both the Fifth and Fourteenth Amendments.
The Sixth Amendment adds due process protections to criminal defendants.
One example of due process is the use of eminent domain.
Understanding Due Process
The origin of due process is often traced back to the Magna Carta, a 13th-century document that outlined the relationship between the English monarchy, the Church, and feudal barons. The document referred to as a charter (carta means charter in medieval Latin), sought to address many economic and political grievances that barons had with the monarchy.In one of its clauses, the king promised: “No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land.”
Answer:
LII Wex Due Process
Due Process
Primary tabs
Introduction
The Constitution states only one command twice. The Fifth Amendment says to the federal government that no one shall be "deprived of life, liberty or property without due process of law." 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. Most of this essay concerns that promise. We should briefly note, however, three other uses that these words have had in American constitutional law.
Incorporation
The Fifth Amendment's reference to “due process” is only one of many promises of protection the Bill of Rights gives citizens against the federal government. Originally these promises had no application at all against the states (see Barron v City of Baltimore (1833)). However, this attitude faded in Chicago, Burlington & Quincy Railroad Company v. City of Chicago (1897), when the court incorporated the Fifth Amendment's Takings Clause. In the the middle of the Twentieth Century, a series of Supreme Court decisions found that the Due Process Clause "incorporated" most of the important elements of the Bill of Rights and made them applicable to the states. If a Bill of Rights guarantee is "incorporated" in the "due process" requirement of the Fourteenth Amendment, state and federal obligations are exactly the same.