Everand Logo

Welcome to Everand!

  • Discover millions of ebooks, audiobooks, and so much more with a free trial

    Only $11.99/month after trial. Cancel anytime.

    Understanding Your Right to Due Process
    Understanding Your Right to Due Process
    Understanding Your Right to Due Process
    Ebook98 pages1 hour

    Understanding Your Right to Due Process

    By Marty Gitlin

    ()

    Read preview

    About this ebook

    One of our most fundamental rights as citizens of a democracy is our right to due process of law. This principle provides critical protection against arbitrary rule by the government. The text explores the origins of this very old constitutional principle and how its traditional definition has expanded over time. From a basic concern with fairness in criminal procedures (procedural due process), the legal concept expanded to become a key tool for protecting a variety of individual rights, some of them controversial (substantive due process). This title fulfills the needs of the Common Core by providing rigorous, complex text and examining due process rights from multiple points of view.
    LanguageEnglish
    PublisherRosen Publishing
    Release dateJul 15, 2013
    ISBN9781448894703
    Understanding Your Right to Due Process

    Read more from Marty Gitlin

    Related to Understanding Your Right to Due Process

    Related ebooks

    Children's For You

    View More
    View More

    Related podcast episodes

    Related articles

    • Article

      How to File an FOIA Request

      Aug 18, 2020

      Want your ancestor’s application for a Social Security Card (called an SS-5), WWII alien registration form, or other federal record that isn’t already publicly available? You’ll need to send a Freedom of Information Act (or FOIA) request to the right

      1 min read

    • Article

      Federal Judge Rules Against Imprisoning Those Who Can't Pay Court Fees

      Aug 6, 2018

      Civil rights lawyers won a ruling that Orleans Parish judges cannot impose fines on defendants without holding a "neutral forum" to learn about their ability to pay.

      3 min read

    • Article

      How to Get Your Estate Plan Done While Under Coronavirus Quarantine

      Mar 30, 2020

      The coronavirus lockdown began in the California counties of Sacramento, Palm Springs, Los Angeles and Ventura, issuing unprecedented orders for all residents to remain in their homes except for certain essential activities. Then Gov. Gavin Newsom ex

      5 min read

    • Article

      What Trustees Should Know About Property Transactions

      Apr 17, 2021

      UNDER the Alienation of Land Act, any deed of sale of immovable property has to be in writing, and the parties thereto or their agents have to be legally authorised to act at the time of signing of the contract. Section 2(1) of the act provides that

      4 min read

    • Article

      What To Consider When A Trust Is Involved In Legal Action

      Oct 17, 2020

      ANY LEGAL action by a trust must be properly brought in the names of the trustees. Since a trust is not a person and cannot act, when litigation is initiated the action must be brought (or defended) by its trustees. Although it is desirable to cite t

      3 min read

    • Article

      Old Decision in Tax Lawsuit Gets New Spin

      Apr 6, 2019

      A website known for spreading misinformation writes that a man who cited religious reasons for not paying his income taxes "has won an historic lawsuit against the IRS." That's misleading. One charge was dropped, but four others have yet to be determ

      2 min read

    • Article

      How to Opt Out of Forced Arbitration

      Jul 3, 2019

      Heads up, Chase credit card customers: The issuer is adding a binding arbitration agreement to nearly all of its cards (excluding the AARP card)--but you still have time to opt out. Chase will soon bar cardholders from banding together in a class-act

      1 min read

    • Article

      When Zombie Debt Collectors Chase Written-Off Debts

      Jan 4, 2019

      Chances are that you have never heard the terms Zombie Debt or Zombie Debt Collectors. Neither had former United States Marine Lt. Charles Lay until the first week of October 2018, when he received this phone call: "Superior Court calling, and we w

      5 min read

    • Article

      There’s A Bond For That

      Apr 6, 2021

      There’s A Bond For That
      2 min read

    • Article

      Don’t Throw Away a $12.06M Estate Tax Exemption by Accident

      Apr 14, 2022

      The federal estate tax exemption and gift exemption is presently $12.06 million. A married couple can transfer $24.12 million to their children or loved ones free of tax with proper planning. The exemption is tied to inflation, so it will continue to

      3 min read

    • Article

      Repo Risk: Beware Illegal Car Repossessions

      Jun 13, 2022

      Used cars are suddenly so much more appealing than they used to be. With prices near historic highs and inventory near record lows, some officials are warning people with car loans that unscrupulous lenders may use more aggressive - and possibly ille

      4 min read

    • Article

      Prosecute the Police

      Jun 13, 2020

      Prosecute the Police
      7 min read

    • Article

      The Lowdown on Living Trusts

      Mar 24, 2022

      If you’re putting together an estate plan, you have no doubt heard about the benefits of a living trust. Assets placed in a trust won’t go through probate, a time-consuming and potentially costly process. In addition, a living trust, also known as a

      5 min read

    • Article

      Battle the Credit Bureaus ... and Win

      Aug 29, 2019

      Have you ever found yourself fuming at the credit bureaus? You have plenty of company. Among companies in the Consumer Financial Protection Bureau's database, the three major credit-reporting bureaus--Equifax, Experian and Trans­Union--have logged th

      10 min read

    • Article

      Don’t Subpoena Me, Bro

      Jun 20, 2017

      Don’t Subpoena Me, Bro
      5 min read

    • Article

      Reimagining Legal Education

      Jun 27, 2019

      Reimagining Legal Education
      3 min read

    • Article

      When A Trustee Can And Cannot Be Removed

      Feb 20, 2021

      TRUSTEES are legally vested with the administration of a trust’s assets. They must manage the assets and liabilities of the trust in terms of the provisions of the trust instrument and the law, and not necessarily in a manner that pleases the benefic

      3 min read

    • Article

      How To Add Treasury Bonds, Bills And Notes To An IRA

      May 16, 2019

      [Question]Can you purchase Treasury securities for an IRA directly from the U.S. Treasury through TreasuryDirect? How can you add them to an IRA? [Answer]TreasuryDirect.gov is intended as a way for individuals to buy securities from the Treasury and

      1 min read

    • Article

      How to Avoid Litigation Costs

      Oct 18, 2019

      How to Avoid Litigation Costs
      2 min read

    • Article

      Should I Change Lawyers?

      May 21, 2019

      "I was in a car accident several months ago and hired a personal injury attorney almost immediately. Initially, she was very responsive, returned my calls promptly, keeping me informed of everything. Then, suddenly, silence. I leave messages, am prom

      4 min read

    • Article

      How to Search for Old Savings Bonds

      May 1, 2018

      [Question]My grandfather and father passed away when I was 8 years old. I heard they had savings bonds for me. I'm 37 now and have no one left to ask about it. How do I find out if there really are any savings bonds for me, and how do I go about find

      2 min read

    • Article

      Common Law Principles And The CPA

      Dec 11, 2019

      Common Law Principles And The CPA
      1 min read

    • Article

      Do Trustees Become The Legal Guardians Of Your Children?

      Jul 24, 2020

      The guardianship of children is governed in terms of section 18 of the Children’s Act, whereas the role of trustees is governed by the common law and the Trust Property Control Act, explains Elmarie Neilson of Neilsons Attorneys. The powers of truste

      1 min read

    Related categories

    Reviews for Understanding Your Right to Due Process

    0 ratings

    0 ratings0 reviews

    What did you think?

    Tap to rate

    Review must be at least 10 words

      Book preview

      Understanding Your Right to Due Process - Marty Gitlin

      Published in 2014 by The Rosen Publishing Group, Inc.

      29 East 21st Street, New York, NY 10010

      Copyright © 2014 by The Rosen Publishing Group, Inc.

      First Edition

      All rights reserved. No part of this book may be reproduced in any form without permission in writing from the publisher, except by a reviewer.

      Library of Congress Cataloging-in-Publication Data

      Gitlin, Marty.

      Understanding your right to due process/Marty Gitlin.

      p. cm.—(Personal freedom & civic duty)

      Includes bibliographical references and index.

      ISBN 978-1-4488-9462-8 (library binding)

      1. Due process of law—United States. I. Title.

      KF4765.G58 2014

      347.73'05—dc23

      2012040222

      Manufactured in the United States of America

      CPSIA Compliance Information: Batch #S13YA: For further information, contact Rosen Publishing, New York, New York, at 1-800-237-9932.

      CONTENTS

      Introduction

      CHAPTER 1

      Defining Due Process

      CHAPTER 2

      From the Magna Carta to Reconstruction

      CHAPTER 3

      The Process Due to You: Procedural Due Process

      CHAPTER 4

      The Meaning of Liberty: Substantive Due Process

      CHAPTER 5

      Due Process Today and Tomorrow

      The Bill of Rights

      Glossary

      For More Information

      For Further Reading

      Bibliography

      Index

      INTRODUCTION

      It was the summer of 1787. Delegates from all thirteen states had gathered in Philadelphia. Their task was to draft a constitution for the new nation.

      Troubling memories drove some of the delegates. They recalled the days before victory in the Revolutionary War brought independence to the colonies. They remembered when British police burst into homes and searched for evidence of illegal activities. Such practices had provided motivation for the colonists to break away from England.

      The delegates to the Constitutional Convention had a tall task ahead of them. They were empowered to create a new constitution for the United States of America.

      Many delegates sought to create laws that limited government control of individuals. They suggested including a bill of rights, but the idea was rejected after just a short debate. Their fellow lawmakers hoped only to create a framework for an effective federal government.

      A battle ensued. Some delegates threatened to vote against the new constitution if a bill of rights was not included. They argued that the draft specified only what the government could do—not what it could not do.

      The process was at a standstill. The delegates on both sides of the argument took their cases to their individual states. Those who yearned to adopt a federal bill of rights refused to vote in favor of the Constitution without one. Ultimately, their wishes were granted. But it took a selfless act by Virginia delegate James Madison to end the debate. His desire for unity motivated him to switch sides and embrace the need for a bill of rights in the Constitution.

      In the end, the wishes of the American people affected the decision. They yearned to be protected against random government actions. The framers of the U.S. Constitution followed the strong words of Thomas Jefferson: A bill of rights is what the people are entitled to against every government on earth ... and what no just government should refuse.

      The result was ten amendments known as the Bill of Rights. Five of the amendments pertained to due process. That is, they provided safeguards for equal and fair treatment under the law. In particular, they provided protection to individuals and groups investigated for or accused of crimes.

      The delegates to the Constitutional Convention squabbled over adding a bill of rights to the Constitution. Many of the amendments they eventually added focused on due process rights.

      Many people know that the First Amendment guarantees five freedoms: freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and the right to petition the government. But could Americans truly enjoy such freedoms without the Fourth Amendment, which protects them from unreasonable searches and seizures? Would those freedoms be ensured without the Sixth Amendment, which promises judgment by an impartial jury?

      Today, due process is a right offered every American regardless of race, gender, or religion. But it took time to offer this right to all citizens. As the nation and its people evolved to embrace true equality, so did the idea of due process. It took the Fourteenth Amendment, ratified in 1868, to ensure that blacks received the same privileges as whites. It was not until one hundred years later (with the passage of the Indian Civil Rights Acts of 1968) that Native Americans were given such guarantees in all courts in the land.

      Establishing true equality in terms of civil rights and civil liberties remains an ongoing process. Some believe unfairness still exists in

      Enjoying the preview?
      Page 1 of 1