Tag

due process

The Due Process Clauses of the 5th and 14th Amendments guarantee that the procedures of law (many of which are outlined in the Bill of Rights) are followed whenever anyone is deprived of life, liberty, or property. The Due Process Clause of the 14th Amendment has been used by the Court to "incorporate" many of hte rights named in the Bill of Rights so that they now apply to the states.

There is a direct connection here between Magna Carta and the 5th and 14th Amendments to the U.S. Constitution. The 5th Amendment states, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury ... nor be deprived of life, liberty, or property without due process of law..." The 14th Amendment incorporates this against the states: "...nor shall any State deprive any person of life, liberty, or property, without due process of law..." Some go as far as to say that this is the most direct influence of Magna Carta on the federal Constitution. According to a Magna Carta commemoration essay in 1917: "Magna Carta’s contribution to the federal instrument, and to the State Constitutions, consists fundamentally in the adaptation of the famous chapter thirty-nine to meet American conditions. This chapter had been embodied in colonial law. By its incorporation in State Constitutions and in the Fifth and Fourteenth Amendments to the Federal Constitution it still serves as the basis of the rule of law throughout the Republic."
Annotated by jhowell on October 23, 2014