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Due Process of Law


When it all gets boiled down, due process of law guarantees people the right to tell their side of the accusations. .
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             There are two kinds of due process. The first is Substantive Due Process. Substantive Due Process is concerned with limitations on the power or authority of governmental legislative bodies to abridge any person's life, liberty, or property interests. Put another way: Does the government have the power to enact this particular law, rule, or standard of conduct? The Constitution contains numerous limitations on the power of government to interfere with individual rights (i.e., Bill of Rights). Substantive due process today is used to invalidate government actions interfering with individual freedoms when no more specific constitutional ground can be found. Examples of this would be marriage, procreation, abortion, interstate travel etc.
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             Procedural Due Process, on the other hand, is concerned with the processes governmental bodies and officials must follow in administering or enforcing any law or rule that has the effect of abridging a person's life, liberty, or property interests. There are fewer explicit procedural restrictions contained in the Constitution because Framers could not anticipate all the ways in which governmental officials might abuse power. However, some procedural rules are expressly included, right against unreasonable searches and seizures, presentment to and indictment by grand jury, right against double jeopardy, right against self-incrimination, right against excessive bail, right to speedy and fair trial by impartial jury, right of confrontation, right of compulsory process, right to counsel, and right to jury trial in civil cases.
             America is best known as the land of the free. Due process helps us to ensure that no citizen will be treated .
             unfairly due to race, color, creed, sex or any other thing that sets people apart from one another.


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