Equal protection and due process clauses Essay

In the philosophy of natural rights, the limited government is limited to the protection of natural rights, it is a system that does not disturb other aspects of life. Learning from the British Revolution, settlers tried to protect their country from the abuse of power by creating a limited government of the country. Equal protection of the law and appropriate legal proceedings help limit the government's ability to prevent abuse of power

Proper legal procedures are one of the oldest constitutional principles in our country. Inspired by Magna Carta, it requires the government to act according to the rule of law. It is the most important protection against arbitrary domination. Government officials are now responsible for their actions as well as others. Police officers and even the president have the same standards as ordinary citizens. By adding appropriate legal proceedings to the Constitution in 1791, the founders basically cracked the threat of corruption and claimed that the government can not invalidate the law.

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As with legal legal proceedings, equal protection of the law is another way to guarantee and regulate the use of power. The 14th amendment of the US Constitution requires that domestic laws of equal protection claims should not be arbitrarily discriminated. To comply with the law means that groups and individuals can not enjoy privileges or be deprived of certain rights under the law. It reaffirms that our rights are given by God and that the government does not have the right to deprive us our exempt rights. With appropriate legal proceedings, equal protection is one of the important principles of American constitutionalism.

When mentioning the 14th amendment, Senator Jacob Howard, one of the authors of the 14th amendment, stated that "it established equality before the law and is the most humble, the poorest, the most modest People who give contempt "The same protection before the law, the right to be given to the most powerful, wealthy, or the most arrogant people? Without such an equitable and just principle for all and equal protection under the protection of the law, the Republican government would also have no government worthy of being really maintained. Equal protection of legal procedures and legislation helps to keep checks and balances of the use of power in limited governments. They protect our natural rights while avoiding confusing our lives

1868 - the legitimate procedure of the Constitution and the equivalent protection clause. Proper procedures and equality protection provisions of the 14th amendment will strengthen federal jurisdiction. This amendment was initially drafted to protect newly released slaves from arbitrary and fickle state behavior and was used to limit corporate unfair practices. According to some scholars, this amendment gives Congress the power to enforce its substantive provisions and lay the foundation for future expansion of the Fed.

The 14 th revision has three main provisions: privileges and exemption clauses, Procedure Provisions and Equal Protection clauses. Privileges and exemption provisions apply to "citizens of the United States of America" ​​and it is clearly stated that protection provisions equivalent to fair procedures apply to "individuals". Its contents are written as follows: "No country can prescribe or enforce privileges or exemptions that are mitigated by US citizens, deprive of life, freedom or property without proper procedure of the law You can not, anyone who keeps the law equally "

William Eskridge pointed out "Procedure for Progress Proper Procedure Proceedings" in the context of proper proceedings and equal protection 379. Eskridge acknowledges that there is a substantial element in the Procedure Proceedings, Explain the court's request. The Equality Protection Clause requires the State to prove that inconsistencies in procedural or substantial handling of persons are reasonable. Therefore, there may not be other forced political changes in the Equality Protection clause. The constitutional choice is very useful, for example, as a Procedure Proper Clause and the First Amendment.