what does the due process clause of the 14th amendment say quizlet?
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Terms in this set (4) Declares that states may not deny any person "life, liberty or property, without due process of law." Says that a state may not deny to any person within its jurisdiction the equal protection of the laws.
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The U.S. Constitution makes a similar provision in the Fourteenth Amendment. It says that no state shall make or enforce any law that will "deny to any person within its jurisdiction the equal protection of the law." These provisions require the government to treat persons equally and impartially.
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After the Civil War, Congress adopted a number of measures to protect individual rights from interference by the states. Among them was the Fourteenth Amendment, which prohibits the states from depriving “any person of life, liberty, or property, without due process of law.”
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The Fourteenth Amendment affirmed the new rights of freed women and men in 1868. The law stated that everyone born in the United States, including former slaves, was an American citizen. ... In 1870, the Fifteenth Amendment affirmed that the right to vote “shall not be denied…on account of race.”
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Due Process Clause: Prohibits the national government (5th Amendment) and states (14th Amendment) from denying. life, liberty, or property without due process of law. 10. Eminent domain: The right of the government to take private property for the public good. Fair compensation must be paid.
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What is the purpose of the due process? The idea that laws and legal proceedings must be fair. The Constitution guarantees that the government cannot take away a person's basic rights to 'life, liberty or property, without due process of law. '
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The phrase due process embodies society's basic notions of legal fairness. A first reading of the due process clauses of the Fifth and Fourteenth Amendments, which prohibit government from taking a person's "life, liberty or property without due process of law," suggests a limitation that only relates to procedures.
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SUBSTANTIVE DUE PROCESS: whether the government has an adequate reason for taking away a person's life, liberty, or property. EQUAL PROTECTION: whether government's differences in treatment of people are adequately justified.
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Citizenship is defined in the first clause of the first section of the Fourteenth Amendment as: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside.
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So revered is our Constitution that its parts, when written out in full, are capitalized: Article Section, and Amendment (as well as Due Process Clause). But when abbreviated, such terms usually aren't capitalized (eg., art.
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The Due Process Clause of the Fourteenth Amendment is exactly like a similar provision in the Fifth Amendment, which only restricts the federal government. It states that no person shall be “deprived of life, liberty, or property without due process of law.” Usually, “due process” refers to fair procedures.
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Due process balances the power of law of the land and protects the individual person from it. ... Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty.
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The United States Supreme Court ruled that plea bargaining is constitutional and that it is an important aspect of the criminal procedure. ... Plea bargaining is said to have disregarded other aspects of the criminal justice system such as due process of the law which envisages a right to a full trial.
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Due process of law is the legal requirement that the state must respect all legal rights owed to a person whereas 'Procedure established by law' means that a law that has been enacted is only valid if it has followed the correct procedure of enactment.
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Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. ... No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof.
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Substantive due process protects criminal defendants from unreasonable government intrusion on their substantive constitutional rights. ... The equal protection clause prevents the state government from enacting criminal laws that arbitrarily discriminate.
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The 14th Amendment to the Constitution was ratified on July 9, 1868, and granted citizenship to “all persons born or naturalized in the United States,” which included former slaves recently freed.