The Due Process Clause Of The Fifth And Fourteenth Amendment

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Due Process is a fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one’s life, liberty, or property. Also, a constitutional guarantee that that a law shall not be unreasonable, arbitrary, or capricious (The Free Dictionary). Due process of law is found in both the Fifth and Fourteenth Amendments. The Due Process Clause of the Fifth Amendment, which was ratified in 1791, applies to the federal government and the Due Process Clause of the Fourteenth Amendment was ratified in 1868 and applies to state government. Due process is believed to have originated after the creation of the Magna Carta by King John in 1215. Chapter 39 states “No freeman shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we go upon him nor send upon him, except by lawful judgement of his peers or by the law of the land” “Magna Carta”. …show more content…

This process was done so mostly under the “Warren Court” with the leadership of Supreme Court Chief Justice Earl Warren. This period of time in history occurred between the years 1953-1969. The Due Process revolution involved the "selective incorporation" of the Bill of Rights. This revolution called for the states to be held responsible for abiding by the same laws that the federal government had to uphold. One major change that came about the Due Process Revolution was the requirement that all people who are arrested for a criminal charge are informed of their Miranda Rights before they are interrogated. In addition, under the Warren Court racial segregation was ended (Brown v Board of Education 1954), the right to privacy was addressed and decided (Griswold v. Connecticut 1965), and proper protocol on criminal procedures (Mapp v Ohio 1961) among

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