what is






 

Question by  jai (3)

What is the due process clause (of the 14th Amendment) and how has it been used by the judiciary to apply the Bill of Rights to the actions of the state governments?

 
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Answer by  Mila (49)

This is one of the most important clauses in The Constitution. It establishes that "life, liberty or property" cannot be taken from a person without the "due process" of law. The due process clause was written after the Civil War and was added on July 9, 1868. It has been used to strike down segregation and laissez-faire.

 
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Answer by  1234 (18)

The due process clause states that no citizen can be deprived of their rights without due process of law. For example a convicted felon can be deprived of freedom by being locked in prison. Also, states must uphold federal law and cannot pass and law which supersedes federal law.

 
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Answer by  DrD (27)

The due process clause prohibits the states from denying any person life, liberty or property without due process of law. This entitles people to fairness, including rights and hearings, in state level legal proceedings. It's been interpreted to mean that the bill of rights also applies to state government.

 
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Answer by  notenoughfacts (257)

The Due Process clause of the 14th amendment makes States responsible for honoring the rights given to citizens including those under the bill or rights of life, etc.

 
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