Author Question: How are all of the branches of government limited by procedural due process? (Read 851 times)

Melanie

  • Full Member
  • ***
  • Posts: 204
I'm not asking anybody to do my homework. I'm in this debate team called We The People and I would just like some different opinions. Thanks.



Jones

  • Full Member
  • ***
  • Posts: 145
The branches of government are limited by procedural due process in the following ways.  First, the judiciary will strike down Congressional laws which violate the Constitution.  If a law is passed which deprives a fundamental right without a sufficient justification, Congress knows that the law will be struck down.  So, they are less likely to pass laws which approach a Constitutional violation.

Second, the Judiciary is limited by the due process clause because they have interpreted it to protect only those rights which are deeply rooted and "fundamental."  If someone asserts that a government action deprived them of a right which the court does not recognize as fundamental, they cannot, following stare decisis, strike it down.

Third, the Executive is limited in terms of agencies that set policy.  Executive agencies (DOT, DOE, ONDCP, etc) set national policy in their specific areas, and those policies are subject to the same restrictions as Congressional laws--they must comport with the due process clause.

Essentially, the due process clause keeps lawmakers and policy-makers from over-stepping their authority, and keeps the judiciary from unreasonably limiting the other branches' ability to govern.



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
 

Did you know?

Many supplement containers do not even contain what their labels say. There are many documented reports of products containing much less, or more, that what is listed on their labels. They may also contain undisclosed prescription drugs and even contaminants.

Did you know?

Excessive alcohol use costs the country approximately $235 billion every year.

Did you know?

A headache when you wake up in the morning is indicative of sinusitis. Other symptoms of sinusitis can include fever, weakness, tiredness, a cough that may be more severe at night, and a runny nose or nasal congestion.

Did you know?

Hyperthyroidism leads to an increased rate of metabolism and affects about 1% of women but only 0.1% of men. For most people, this increased metabolic rate causes the thyroid gland to become enlarged (known as a goiter).

Did you know?

The largest baby ever born weighed more than 23 pounds but died just 11 hours after his birth in 1879. The largest surviving baby was born in October 2009 in Sumatra, Indonesia, and weighed an astounding 19.2 pounds at birth.

For a complete list of videos, visit our video library