Magruder’s American Government
1st Edition
ISBN: 9780133306996
Textbook solutions
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Section 8-5: Due Process of Law
Exercise 1
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**Due Process Clause** protects individual rights from the power of the federal government. It states that every individual has the right to liberty, property, and life to which the government can not deny without the process of the law. Its driving motive is justice and fairness, especially during trials.
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Due Process provides people with the protection by ensuring their security from unreasonable governmental actions because the government obliges to act fairly and in accordance to the Constitution.
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**Due process rights** guarantee the protection of the rights of individuals in relation to government. Under the 5th Amendment, this clause applies to the Federal Government, while the 14th Amendment incorporates this clause into the system of each State and local government.
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The due process clause requires the government to act in accordance with certain established rules and in a fair manner when depriving an individual of life, liberty or property. The government is prohibited from acting unreasonably and arbitrarily in these cases.
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This clause guarantees that the law will be above the government and that individuals are protected by the law in unfavorable circumstances in relation to government actions.
Exercise 2
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The government owes every individual due process of the law. This regards all the government’s actions to be fair and resolved with a process of law without depriving anyone of liberty, life, and property in any sense.
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Due process refers to the government’s procedures and enforced laws. It has two clauses; procedural due process and substantive due process.
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**Procedural due process** regards the “how” of the governments proceedings. Furthermore, the government’s methods and procedures in its actions fall into the procedural due process.
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**Substantive due process** regards the “what” of the governments proceedings. The government’s actions are processing the subject (policies and substance of the matter) information that fall into the substantive part of the due process.
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The United States Constitution guarantees citizens a **due process of law**, which means that the government must abide by certain rules when depriving citizens of life, liberty, or property.
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The due process clause was initially considered only through the prism of the law enforcement procedure, that is, it required only that the government follow the adopted law enforcement procedures.
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Later, this clause was extended to the content of the law and began to imply that in addition to the fair procedure in law enforcement, laws should also be fair. This extension of the meaning of the term due process of law originated in the Supreme Court.
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To summarize, the due process clause has two components:
**1. Procedural due process** – concerns the procedures and methods by which laws are enforced
**2. Substantive due process** – concerns the essence of the laws that are being enforced
Exercise 3
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The **purpose of the police is to protect the citizens by enforcing the law**. Police is a part of the system of the limited government; it has authority within its defined limits. The police is obliged and has the right to react and interfere with any actions that harm the public good or violate the law.
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Even though they are meant to protect individual rights, they are also meant to react if someone’s rights are being violated in a harmful way. So, everyone has their personal desires that they are entitled to and have the privilege of, however, only if it does not put the public interest at risk. If it does, the police will act as the law enforcer.
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The **public could hardly, if not impossibly, function without the police enforcement** that ensures everything is in an acceptable line of public order and interest; for the purpose and protection of the individual rights.
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The Constitution of the United States guarantees various civil rights and freedoms of citizens. However, in some cases, these rights must be limited in order to protect the public good.
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In these cases, each State has the right to use police power. Police power must be used in a reasonable and fair manner because otherwise the Due Process clause from the 14th Amendment to the Constitution would be violated.
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Exercise 4
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Thomas Paine’s statement that **”in America the law is king”** means that no one, not even the government, is above the law. The basic idea is that we are all equal before the laws and subject to them – both citizens and government.
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Back in *1776*, during the States founding and the fight against the monarchical force, **Thomas Paine** stated that in the free republic, there is no king; the law is the king.
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The statement suggests that the government and individuals should not be focused on the king or a single authority but on the law itself. The **law is equal to and is for all**. Furthermore, no one, including the federal government, is above the law, which makes law the king metaphorically.
Exercise 5
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**Eminent domain** is the power of the government to take away property and put it to public use. The 5th Amendment states that the government has to compensate for the property value to the owners.
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**Due Process Clause** that states the government can not deny anyone of their individual property, liberty, and life without the process of law.
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These two terms are contrasting. If there was no due process clause, and the government could take someone’s property without compensation, the system would be subject to the oppressive form of a government. Therefore, **due process is an essential part of the limited government** that operates on the principle of popular sovereignty, fairness, and equality to all citizens.
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According to the Constitution, the government has the right to appropriate the private property of citizens for public use. This right derives from the 5th Amendment and is called **the eminent domain.**
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The due process clause guarantees that the government must fairly compensate the property it has appropriated. The market value of the confiscated property must be paid to the property owners.
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