Logo
Unionpedia
Communication
Get it on Google Play
New! Download Unionpedia on your Android™ device!
Install
Faster access than browser!
 

Due Process Clause

Index Due Process Clause

The Fifth and Fourteenth Amendments to the United States Constitution each contain a due process clause. [1]

81 relations: Administration of justice, Akhil Amar, Alexander Hamilton, Alexander White (Virginia), Antonin Scalia, Arthur Goldberg, Associate Justice of the Supreme Court of the United States, Balancing test, Benjamin Robbins Curtis, Bolling v. Sharpe, Bowers v. Hardwick, Byron White, Caperton v. A.T. Massey Coal Co., Clarence Thomas, Coates v. City of Cincinnati, Conflict of interest, Dred Scott v. Sandford, Earl Warren, Edward III of England, Eighth Amendment to the United States Constitution, Examining Board v. Flores de Otero, Felix Frankfurter, Fifth Amendment to the United States Constitution, First Amendment to the United States Constitution, Fourteenth Amendment to the United States Constitution, Freedom of contract, Government interest, Griswold v. Connecticut, Henry Friendly, Hugo Black, Hurtado v. California, Incorporation of the Bill of Rights, Intermediate scrutiny, Jacob M. Howard, James Madison, John Bingham, John Hart Ely, John Marshall Harlan II, Judicial review, Juridical person, Law of the land, Lawrence v. Texas, Legal Information Institute, Legal realism, Liberty, Life, Lochner era, Magna Carta, McDonald v. City of Chicago, Missouri Compromise, ..., Moore v. City of East Cleveland, New York (state), New York State Assembly, New York State Senate, Ninth Amendment to the United States Constitution, Oliver Wendell Holmes Jr., Originalism, Personal jurisdiction, Plyler v. Doe, Posadas de Puerto Rico Associates v. Tourism Co. of Puerto Rico, Privileges or Immunities Clause, Property, Puerto Rico, Rational basis review, Roe v. Wade, Roger B. Taney, Roger Sherman, Santa Clara County v. Southern Pacific Railroad Co., Simeon Baldwin, Slaughter-House Cases, State actor, Strict scrutiny, Substantive due process, Supreme Court of Appeals of West Virginia, Supreme Court of the United States, The Wall Street Journal, Umbra, penumbra and antumbra, United States Bill of Rights, United States Constitution, Vagueness doctrine, Zadvydas v. Davis. Expand index (31 more) »

Administration of justice

The administration of justice is the process by which the legal system of a government is executed.

New!!: Due Process Clause and Administration of justice · See more »

Akhil Amar

Akhil Reed Amar (born September 6, 1958) is an American legal scholar, an expert on constitutional law and criminal procedure.

New!!: Due Process Clause and Akhil Amar · See more »

Alexander Hamilton

Alexander Hamilton (January 11, 1755 or 1757July 12, 1804) was a statesman and one of the Founding Fathers of the United States.

New!!: Due Process Clause and Alexander Hamilton · See more »

Alexander White (Virginia)

Alexander White (1738 – September 19, 1804) was a distinguished early American lawyer and politician in the present-day U.S. states of Virginia and West Virginia.

New!!: Due Process Clause and Alexander White (Virginia) · See more »

Antonin Scalia

Antonin Gregory Scalia (March 11, 1936 – February 13, 2016) was an Associate Justice of the Supreme Court of the United States from 1986 until his death in 2016.

New!!: Due Process Clause and Antonin Scalia · See more »

Arthur Goldberg

Arthur Joseph Goldberg (August 8, 1908January 19, 1990) was an American statesman and jurist who served as the 9th U.S. Secretary of Labor, an Associate Justice of the Supreme Court of the United States, and the 6th United States Ambassador to the United Nations.

New!!: Due Process Clause and Arthur Goldberg · See more »

Associate Justice of the Supreme Court of the United States

Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States.

New!!: Due Process Clause and Associate Justice of the Supreme Court of the United States · See more »

Balancing test

A balancing test is any judicial test in which the jurists weigh the importance of multiple factors in a legal case.

New!!: Due Process Clause and Balancing test · See more »

Benjamin Robbins Curtis

Benjamin Robbins Curtis (November 4, 1809 – September 15, 1874) was an American attorney and United States Supreme Court Justice.

New!!: Due Process Clause and Benjamin Robbins Curtis · See more »

Bolling v. Sharpe

Bolling v. Sharpe, 347 U.S. 497 (1954), is a landmark United States Supreme Court case which deals with civil rights, specifically, segregation in the District of Columbia's public schools.

New!!: Due Process Clause and Bolling v. Sharpe · See more »

Bowers v. Hardwick

Bowers v. Hardwick, 478 U.S. 186 (1986), is a United States Supreme Court decision that upheld, in a 5–4 ruling, the constitutionality of a Georgia sodomy law criminalizing oral and anal sex in private between consenting adults, in this case with respect to homosexual sodomy, though the law did not differentiate between homosexual sodomy and heterosexual sodomy.

New!!: Due Process Clause and Bowers v. Hardwick · See more »

Byron White

Byron Raymond "Whizzer" White (June 8, 1917 – April 15, 2002) was an associate justice of the Supreme Court of the United States.

New!!: Due Process Clause and Byron White · See more »

Caperton v. A.T. Massey Coal Co.

Caperton v. A. T. Massey Coal Co., 556 U.S. 868 (2009),.

New!!: Due Process Clause and Caperton v. A.T. Massey Coal Co. · See more »

Clarence Thomas

Clarence Thomas (born June 23, 1948) is an American judge, lawyer, and government official who currently serves as an Associate Justice of the Supreme Court of the United States.

New!!: Due Process Clause and Clarence Thomas · See more »

Coates v. City of Cincinnati

Coates v. Cincinnati, 402 U.S. 611 (1971), is a United States Supreme Court case in which the Court held that a local city ordinance that made it a criminal offense for three or more persons to assemble on a sidewalk and annoy passersby was unconstitutional.

New!!: Due Process Clause and Coates v. City of Cincinnati · See more »

Conflict of interest

A conflict of interest (COI) is a situation in which a person or organization is involved in multiple interests, financial or otherwise, and serving one interest could involve working against another.

New!!: Due Process Clause and Conflict of interest · See more »

Dred Scott v. Sandford

Dred Scott v. Sandford,, also known as the Dred Scott case, was a landmark decision by the United States Supreme Court on US labor law and constitutional law.

New!!: Due Process Clause and Dred Scott v. Sandford · See more »

Earl Warren

Earl Warren (March 19, 1891 – July 9, 1974) was an American jurist and politician who served as the 30th Governor of California (1943–1953) and later the 14th Chief Justice of the United States (1953–1969).

New!!: Due Process Clause and Earl Warren · See more »

Edward III of England

Edward III (13 November 1312 – 21 June 1377) was King of England and Lord of Ireland from January 1327 until his death; he is noted for his military success and for restoring royal authority after the disastrous and unorthodox reign of his father, Edward II.

New!!: Due Process Clause and Edward III of England · See more »

Eighth Amendment to the United States Constitution

The Eighth Amendment (Amendment VIII) of the United States Constitution prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments.

New!!: Due Process Clause and Eighth Amendment to the United States Constitution · See more »

Examining Board v. Flores de Otero

Examining Board v. Flores de Otero, 426 U.S. 572 (1976), was a case decided by the Supreme Court of the United States that invalidated a state law that excluded aliens from the practice of civil engineering.

New!!: Due Process Clause and Examining Board v. Flores de Otero · See more »

Felix Frankfurter

Felix Frankfurter (November 15, 1882February 22, 1965) was an American lawyer, professor, and jurist who served as an Associate Justice of the Supreme Court of the United States.

New!!: Due Process Clause and Felix Frankfurter · See more »

Fifth Amendment to the United States Constitution

The Fifth Amendment (Amendment V) to the United States Constitution is part of the Bill of Rights and, among other things, protects individuals from being compelled to be witnesses against themselves in criminal cases.

New!!: Due Process Clause and Fifth Amendment to the United States Constitution · See more »

First Amendment to the United States Constitution

The First Amendment (Amendment I) to the United States Constitution prevents Congress from making any law respecting an establishment of religion, prohibiting the free exercise of religion, or abridging the freedom of speech, the freedom of the press, the right to peaceably assemble, or to petition for a governmental redress of grievances.

New!!: Due Process Clause and First Amendment to the United States Constitution · See more »

Fourteenth Amendment to the United States Constitution

The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.

New!!: Due Process Clause and Fourteenth Amendment to the United States Constitution · See more »

Freedom of contract

Freedom of contract is the freedom of private or public individuals and groups (of any legal entity) to form nonviolent contracts without government restrictions.

New!!: Due Process Clause and Freedom of contract · See more »

Government interest

Government interest is a concept in law that allows the government to regulate a given matter.

New!!: Due Process Clause and Government interest · See more »

Griswold v. Connecticut

Griswold v. Connecticut,, is a landmark case in the United States about access to contraception.

New!!: Due Process Clause and Griswold v. Connecticut · See more »

Henry Friendly

Henry Jacob Friendly (July 3, 1903 – March 11, 1986) was a prominent judge in the United States, who sat on the United States Court of Appeals for the Second Circuit from 1959 through 1974 (including service as chief judge from 1971 to 1973) and in senior status until his death in 1986.

New!!: Due Process Clause and Henry Friendly · See more »

Hugo Black

Hugo Lafayette Black (February 27, 1886 – September 25, 1971) was an American politician and jurist who served in the United States Senate from 1927 to 1937, and as an Associate Justice of the Supreme Court of the United States from 1937 to 1971.

New!!: Due Process Clause and Hugo Black · See more »

Hurtado v. California

Hurtado v. California,, was a case decided on by the United States Supreme Court.

New!!: Due Process Clause and Hurtado v. California · See more »

Incorporation of the Bill of Rights

Incorporation, in United States law, is the doctrine by which portions of the Bill of Rights have been made applicable to the states.

New!!: Due Process Clause and Incorporation of the Bill of Rights · See more »

Intermediate scrutiny

Intermediate scrutiny, in U.S. constitutional law, is the second level of deciding issues using judicial review.

New!!: Due Process Clause and Intermediate scrutiny · See more »

Jacob M. Howard

Jacob Merritt Howard (July 10, 1805April 2, 1871) was a U.S. Representative and U.S. Senator from the state of Michigan during and after the American Civil War.

New!!: Due Process Clause and Jacob M. Howard · See more »

James Madison

James Madison Jr. (March 16, 1751 – June 28, 1836) was an American statesman and Founding Father who served as the fourth President of the United States from 1809 to 1817.

New!!: Due Process Clause and James Madison · See more »

John Bingham

John Armor Bingham (January 21, 1815 – March 19, 1900) was an American Republican Representative from Ohio, an assistant to Judge Advocate General in the trial of the Abraham Lincoln assassination, and a prosecutor in the impeachment trials of Andrew Johnson.

New!!: Due Process Clause and John Bingham · See more »

John Hart Ely

John Hart Ely (December 3, 1938 – October 25, 2003) is one of the most widely cited legal scholars in United States history, ranking just after Richard Posner, Ronald Dworkin, and Oliver Wendell Holmes, Jr., according to a 2000 study in the University of Chicago's Journal of Legal Studies.

New!!: Due Process Clause and John Hart Ely · See more »

John Marshall Harlan II

John Marshall Harlan (May 20, 1899 – December 29, 1971) was an American jurist who served as an Associate Justice of the Supreme Court from 1955 to 1971.

New!!: Due Process Clause and John Marshall Harlan II · See more »

Judicial review

Judicial review is a process under which executive or legislative actions are subject to review by the judiciary.

New!!: Due Process Clause and Judicial review · See more »

Juridical person

A juridical person is a non-human legal entity, in other words any organization that is not a single natural person but is authorized by law with duties and rights and is recognized as a legal person and as having a distinct identity.

New!!: Due Process Clause and Juridical person · See more »

Law of the land

The phrase law of the land is a legal term, equivalent to the Latin lex terrae, or legem terrae in the accusative case.

New!!: Due Process Clause and Law of the land · See more »

Lawrence v. Texas

Lawrence v. Texas,.

New!!: Due Process Clause and Lawrence v. Texas · See more »

Legal Information Institute

The Legal Information Institute (LII) is a non-profit, public service of Cornell Law School that provides no-cost access to current American and international legal research sources online at.

New!!: Due Process Clause and Legal Information Institute · See more »

Legal realism

Legal realism is a naturalistic approach to law, and is the view that jurisprudence should emulate the methods of natural science, i.e., rely on empirical evidence.

New!!: Due Process Clause and Legal realism · See more »

Liberty

Liberty, in politics, consists of the social, political, and economic freedoms to which all community members are entitled.

New!!: Due Process Clause and Liberty · See more »

Life

Life is a characteristic that distinguishes physical entities that do have biological processes, such as signaling and self-sustaining processes, from those that do not, either because such functions have ceased, or because they never had such functions and are classified as inanimate.

New!!: Due Process Clause and Life · See more »

Lochner era

The Lochner era is a period in American legal history from 1897 to 1937 in which the Supreme Court of the United States is said to have made it a common practice "to strike down economic regulations adopted by a State based on the Court's own notions of the most appropriate means for the State to implement its considered policies," by using its interpretation of substantive due process to strike down laws held to be infringing on economic liberty or private contract rights.

New!!: Due Process Clause and Lochner era · See more »

Magna Carta

Magna Carta Libertatum (Medieval Latin for "the Great Charter of the Liberties"), commonly called Magna Carta (also Magna Charta; "Great Charter"), is a charter agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215.

New!!: Due Process Clause and Magna Carta · See more »

McDonald v. City of Chicago

McDonald v. Chicago, 561 U.S. (2010), is a landmark decision of the Supreme Court of the United States that found that the right of an individual to "keep and bear arms" as protected under the Second Amendment is incorporated by the Due Process Clause of the Fourteenth Amendment against the states.

New!!: Due Process Clause and McDonald v. City of Chicago · See more »

Missouri Compromise

The Missouri Compromise is the title generally attached to the legislation passed by the 16th United States Congress on May 9, 1820.

New!!: Due Process Clause and Missouri Compromise · See more »

Moore v. City of East Cleveland

Moore v. City of East Cleveland, 431 U.S. 494 (1977), was a United States Supreme Court case in which the Court ruled that an East Cleveland, Ohio zoning ordinance that prohibited a grandmother from living with her grandchild was unconstitutional.

New!!: Due Process Clause and Moore v. City of East Cleveland · See more »

New York (state)

New York is a state in the northeastern United States.

New!!: Due Process Clause and New York (state) · See more »

New York State Assembly

The New York State Assembly is the lower house of the New York State Legislature, the New York State Senate being the upper house.

New!!: Due Process Clause and New York State Assembly · See more »

New York State Senate

The New York State Senate is the upper house of the New York State Legislature, the New York State Assembly being the lower house.

New!!: Due Process Clause and New York State Senate · See more »

Ninth Amendment to the United States Constitution

The Ninth Amendment (Amendment IX) to the United States Constitution addresses rights, retained by the people, that are not specifically enumerated in the Constitution.

New!!: Due Process Clause and Ninth Amendment to the United States Constitution · See more »

Oliver Wendell Holmes Jr.

Oliver Wendell Holmes Jr. (March 8, 1841 – March 6, 1935) was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1902 to 1932, and as Acting Chief Justice of the United States from January–February 1930.

New!!: Due Process Clause and Oliver Wendell Holmes Jr. · See more »

Originalism

In the context of United States constitutional interpretation, originalism is a way to interpret the Constitution's meaning as stable from the time of enactment, which can be changed only by the steps set out in Article Five.

New!!: Due Process Clause and Originalism · See more »

Personal jurisdiction

Personal jurisdiction is a court's jurisdiction over the parties to a lawsuit, as opposed to subject-matter jurisdiction, which is jurisdiction over the law and facts involved in the suit.

New!!: Due Process Clause and Personal jurisdiction · See more »

Plyler v. Doe

Plyler v. Doe,, was a case in which the Supreme Court of the United States struck down both a state statute denying funding for education to undocumented children and a municipal school district's attempt to charge undocumented immigrants an annual $1,000 tuition fee for each immigrant student to compensate for the lost state funding.

New!!: Due Process Clause and Plyler v. Doe · See more »

Posadas de Puerto Rico Associates v. Tourism Co. of Puerto Rico

Posadas de Puerto Rico Associates, dba Condado Holiday Inn v. Tourism Company of Puerto Rico et al.; 106 S. Ct 2968; 92 L. Ed.

New!!: Due Process Clause and Posadas de Puerto Rico Associates v. Tourism Co. of Puerto Rico · See more »

Privileges or Immunities Clause

The Privileges or Immunities Clause is Amendment XIV, Section 1, Clause 2 of the United States Constitution.

New!!: Due Process Clause and Privileges or Immunities Clause · See more »

Property

Property, in the abstract, is what belongs to or with something, whether as an attribute or as a component of said thing.

New!!: Due Process Clause and Property · See more »

Puerto Rico

Puerto Rico (Spanish for "Rich Port"), officially the Commonwealth of Puerto Rico (Estado Libre Asociado de Puerto Rico, "Free Associated State of Puerto Rico") and briefly called Porto Rico, is an unincorporated territory of the United States located in the northeast Caribbean Sea.

New!!: Due Process Clause and Puerto Rico · See more »

Rational basis review

Rational basis review, in U.S. constitutional law, refers to the default standard of review that courts apply when considering constitutional questions, including due process or equal protection questions under the Fifth Amendment or Fourteenth Amendment.

New!!: Due Process Clause and Rational basis review · See more »

Roe v. Wade

Roe v. Wade, 410 U.S. 113 (1973), is a landmark decision issued in 1973 by the United States Supreme Court on the issue of the constitutionality of laws that criminalized or restricted access to abortions.

New!!: Due Process Clause and Roe v. Wade · See more »

Roger B. Taney

Roger Brooke Taney (March 17, 1777 – October 12, 1864) was the fifth Chief Justice of the Supreme Court, holding that office from 1836 until his death in 1864.

New!!: Due Process Clause and Roger B. Taney · See more »

Roger Sherman

Roger Sherman (April 19, 1721 – July 23, 1793) was an early American statesman and lawyer, as well as a Founding Father of the United States.

New!!: Due Process Clause and Roger Sherman · See more »

Santa Clara County v. Southern Pacific Railroad Co.

Santa Clara County v. Southern Pacific Railroad Company, 118 U.S. 394 (1886), is a United States corporate law case of the United States Supreme Court on taxation of railroad properties.

New!!: Due Process Clause and Santa Clara County v. Southern Pacific Railroad Co. · See more »

Simeon Baldwin

Simeon Baldwin (December 14, 1761 – May 26, 1851) was son-in-law of Roger Sherman, father of Connecticut Governor Roger Sherman Baldwin and the grandfather of Connecticut Governor Simeon Eben Baldwin.

New!!: Due Process Clause and Simeon Baldwin · See more »

Slaughter-House Cases

The Slaughter-House Cases,, was the first United States Supreme Court interpretation of the U.S. Constitution's Fourteenth Amendment which had recently been enacted.

New!!: Due Process Clause and Slaughter-House Cases · See more »

State actor

In United States law, a state actor is a person who is acting on behalf of a governmental body, and is therefore subject to regulation under the United States Bill of Rights, including the First, Fifth and Fourteenth Amendments, which prohibit the federal and state governments from violating certain rights and freedoms.

New!!: Due Process Clause and State actor · See more »

Strict scrutiny

Strict scrutiny is the most stringent standard of judicial review used by United States courts.

New!!: Due Process Clause and Strict scrutiny · See more »

Substantive due process

Substantive due process, in United States constitutional law, is a principle allowing courts to protect certain fundamental rights from government interference, even if procedural protections are present or the rights are not specifically mentioned elsewhere in the US Constitution.

New!!: Due Process Clause and Substantive due process · See more »

Supreme Court of Appeals of West Virginia

The Supreme Court of Appeals of West Virginia is the state supreme court of the state of West Virginia, the highest of West Virginia's state courts.

New!!: Due Process Clause and Supreme Court of Appeals of West Virginia · See more »

Supreme Court of the United States

The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS) is the highest federal court of the United States.

New!!: Due Process Clause and Supreme Court of the United States · See more »

The Wall Street Journal

The Wall Street Journal is a U.S. business-focused, English-language international daily newspaper based in New York City.

New!!: Due Process Clause and The Wall Street Journal · See more »

Umbra, penumbra and antumbra

The umbra, penumbra and antumbra are three distinct parts of a shadow, created by any light source after impinging on an opaque object.

New!!: Due Process Clause and Umbra, penumbra and antumbra · See more »

United States Bill of Rights

The Bill of Rights is the first ten amendments to the United States Constitution.

New!!: Due Process Clause and United States Bill of Rights · See more »

United States Constitution

The United States Constitution is the supreme law of the United States.

New!!: Due Process Clause and United States Constitution · See more »

Vagueness doctrine

In American constitutional law, a statute is void for vagueness and unenforceable if it is too vague for the average citizen to understand.

New!!: Due Process Clause and Vagueness doctrine · See more »

Zadvydas v. Davis

Zadvydas v. Davis, 533 U.S. 678 (2001), was a case decided by the Supreme Court of the United States.

New!!: Due Process Clause and Zadvydas v. Davis · See more »

Redirects here:

Due Process Clauses, Due process clause, Due process in the United States.

References

[1] https://en.wikipedia.org/wiki/Due_Process_Clause

OutgoingIncoming
Hey! We are on Facebook now! »