Author Question: How are all of the branches of government limited by procedural due process? (Read 1616 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?

Bacteria have been found alive in a lake buried one half mile under ice in Antarctica.

Did you know?

There are immediate benefits of chiropractic adjustments that are visible via magnetic resonance imaging (MRI). It shows that spinal manipulation therapy is effective in decreasing pain and increasing the gaps between the vertebrae, reducing pressure that leads to pain.

Did you know?

Nitroglycerin is used to alleviate various heart-related conditions, and it is also the chief component of dynamite (but mixed in a solid clay base to stabilize it).

Did you know?

Side effects from substance abuse include nausea, dehydration, reduced productivitiy, and dependence. Though these effects usually worsen over time, the constant need for the substance often overcomes rational thinking.

Did you know?

Looking at the sun may not only cause headache and distort your vision temporarily, but it can also cause permanent eye damage. Any exposure to sunlight adds to the cumulative effects of ultraviolet (UV) radiation on your eyes. UV exposure has been linked to eye disorders such as macular degeneration, solar retinitis, and corneal dystrophies.

For a complete list of videos, visit our video library