due process

Examples of due process in the following topics:

• Laissez-Faire and the Supreme Court

  • New York (1905), was a landmark United States Supreme Court case that held that the notion of a "liberty of contract" was implicit in the due process clause of the Fourteenth Amendment.
  • Lochner's appeal was based on the Fourteenth Amendment to the Constitution, which provides: "... nor shall any State deprive any person of life, liberty, or property, without due process of law."
  • Although this interpretation of the Due Process Clause is a controversial one, it had become firmly embedded in American jurisprudence by the end of the 19th century.
  • Lochner argued that the right to freely contract was one of the rights encompassed by substantive due process.
  • The Supreme Court had accepted the argument that the due process clause protected the right to contract seven years earlier, in Allgeyer v.

• Liberty of Contract

  • He sued the state on the grounds that he was denied his right to "due process. " Lochner claimed that he had the right to freely contract with his employees and that the state had unfairly interfered with that right.
  • In 1905 the Supreme Court used the "due process" clause in the 14th Amendment to declare unconstitutional the New York state statute imposing a limit on hours of work.
  • New York, Justice Peckham wrote for the majority: "Under that provision no state shall deprive any person of life, liberty, or property without due process of law.

• Marriage Equality and the Courts

  • The Court held that intimate consensual sexual conduct was part of the liberty protected by substantive due process under the 14th Amendment.
  • Windsor (2013) was a landmark civil rights case in which the United States Supreme Court held that restricting U.S. federal interpretation of "marriage" and "spouse" to apply only to heterosexual unions, by Section 3 of the Defense of Marriage Act (DOMA), is unconstitutional under the Due Process Clause of the Fifth Amendment.
  • Jones ruled that Section 3 of DOMA was unconstitutional under the due process guarantees of the Fifth Amendment and ordered the federal government to issue the tax refund, including interest.
  • Supreme Court case in which the Court held in a 5-4 decision that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the U.S.
  • The Court examined the nature of fundamental rights guaranteed to all by the Constitution, the harm done to individuals by delaying the implementation of such rights while the democratic process plays out, and the evolving understanding of discrimination and inequality that has developed greatly since Baker.

• The Rights of Englishmen

  • Among other important clauses, Magna Carta forbade the king from arbitrarily punishing any free man without due process of law and decreed that all nobles were to be judged by a jury of peers.
  • Several other civil rights that stemmed from Magna Carta inspired the United States Bill of Rights, but remain unwritten legal precedents in Britain today, include the right to a trial by jury, a speedy trial for those accused of criminal activity, due process, habeus corpus, and protection from "unreasonable" or arbitrary searches, seizures, and punishments.

• Classical Liberalism

  • Classical liberalism is a philosophy committed to the ideals of limited government, constitutionalism, rule of law, due process, and liberty of individuals.

• Debates over Globalization

  • Globalization is the process of international integration arising from the interchange of world views, products, ideas, and other aspects of culture.
  • Put in simple terms, globalization refers to processes that promote worldwide exchanges of national and cultural resources.
  • For example, some researchers have shown that in the developing world as a whole, life expectancy rose by four months each year after 1970 and infant mortality rate declined from 107 per thousand in 1970 to 58 in 2000 due to improvements in standards of living and health conditions.
  • Reactions to processes contributing to globalization have varied widely, with a history as long as extraterritorial contact and trade.
  • Those opposed to globalization view one or more globalizing processes as detrimental to social well-being on a global or local scale.

• The Growth of the Cotton Industry

  • Suddenly, a process that was extraordinarily labor-intensive when done by hand could be completed quickly and easily.
  • Whitney's introduction of "teeth" in his cotton gin to comb out the cotton and separate the seeds revolutionized this process.
  • Southern cotton, picked and processed by American slaves, helped fuel the nineteenth-century Industrial Revolution in both the United States and Great Britain.
  • Due to its profound effect on American slavery, the growth of the cotton industry is frequently cited as one of the causes of the American Civil War.

• Progressive Government: City and State

  • Due to the lack of secrecy, bribing and blackmailing voters was common.
  • Referendum was the process of allowing voters to pass judgment on proposed legislation, such as on the issuance of bonds to raise capital for public improvements.

• The Second Industrial Revolution

  • Though a number of its characteristic events can be traced to earlier innovations in manufacturing, such as the invention of the Bessemer Process in 1856, the Second Industrial Revolution is generally dated between 1870 and 1914 up to the start of World War I.
  • By 1900, the process of economic concentration had extended into most branches of industry—a few large corporations, some organized as "trusts" (e.g.
  • Other major components of this infrastructure were the new methods for manufacturing steel, especially the Bessemer process.
  • Mechanical innovations such as batch and continuous processing began to become much more prominent in factories.
  • Living standards improved significantly in the newly industrialized countries as the prices of goods fell dramatically due to the increases in productivity.

• The Pull to America

  • In the 35 years before Ellis Island opened, more than eight million immigrants arriving in New York City had been processed by New York State officials at Castle Garden Immigration Depot in Lower Manhattan, just across the bay.
  • While the building was under construction, the Barge Office nearby at the Battery was used for immigrant processing.
  • Almost 450,000 immigrants were processed at the station during its first year.
  • About 1.5 million Swedes and Norwegians immigrated to the United States within this period due to opportunity in America and poverty and religious oppression in united Sweden-Norway.
  • Danes had comparably low immigration rates due to a better economy; after 1900 many Danish immigrants were Mormon converts who moved to Utah.