Author Question: How are all of the branches of government limited by procedural due process? (Read 1531 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?

The top 10 most important tips that will help you grow old gracefully include (1) quit smoking, (2) keep your weight down, (3) take supplements, (4) skip a meal each day or fast 1 day per week, (5) get a pet, (6) get medical help for chronic pain, (7) walk regularly, (8) reduce arguments, (9) put live plants in your living space, and (10) do some weight training.

Did you know?

A serious new warning has been established for pregnant women against taking ACE inhibitors during pregnancy. In the study, the risk of major birth defects in children whose mothers took ACE inhibitors during the first trimester was nearly three times higher than in children whose mothers didn't take ACE inhibitors. Physicians can prescribe alternative medications for pregnant women who have symptoms of high blood pressure.

Did you know?

There are over 65,000 known species of protozoa. About 10,000 species are parasitic.

Did you know?

Warfarin was developed as a consequence of the study of a strange bleeding disorder that suddenly occurred in cattle on the northern prairies of the United States in the early 1900s.

Did you know?

Pubic lice (crabs) are usually spread through sexual contact. You cannot catch them by using a public toilet.

For a complete list of videos, visit our video library