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20 Apr 2012

Due Process

Due process is the process of the law that is due. Every person no matter what their crime might be they have civil rights that must be met. Due process holds the government subservient to the law of the land, protecting individual persons from the state. “The Fifth Amendment guarantee of due process is applicable only to actions of the federal government. The Fourteenth Amendment contains virtually the same phrase, but expressly applied to the states. Therefore, those two clauses only apply against state actors, and not against private citizens. The Supreme Court has interpreted those two clauses identically, as Justice Felix Frankfurter once explained in a concurring opinion: “To suppose that ‘due process of law' meant one thing in the Fifth Amendment and another in the Fourteenth is too frivolous to require elaborate rejection.”
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