Author Question: How are all of the branches of government limited by procedural due process? (Read 843 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?

After a vasectomy, it takes about 12 ejaculations to clear out sperm that were already beyond the blocked area.

Did you know?

Not getting enough sleep can greatly weaken the immune system. Lack of sleep makes you more likely to catch a cold, or more difficult to fight off an infection.

Did you know?

In 1864, the first barbiturate (barbituric acid) was synthesized.

Did you know?

In the ancient and medieval periods, dysentery killed about ? of all babies before they reach 12 months of age. The disease was transferred through contaminated drinking water, because there was no way to adequately dispose of sewage, which contaminated the water.

Did you know?

Each year in the United States, there are approximately six million pregnancies. This means that at any one time, about 4% of women in the United States are pregnant.

For a complete list of videos, visit our video library