Due Process
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Author Topic: Due Process  (Read 1166 times)
MaC
Milk_and_cereal
Junior Chimp
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« on: December 10, 2006, 08:21:35 PM »
What is the difference between the text in the 5th and 14th Amendments?

5th: No person shall be... deprived of life, liberty, or property, without due process of law

14th:No state shall... deprive any person of life, liberty, or property, without due process of law

I realize that the fourteenth says 'no state', but isn't that irrelevant if the national government already has the clause in the 5th amendment?

Also-how did "substansive due process" ever come into existence?  Isn't it an oxymoron?

thank you to whomever can answer this. Smiley
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A18
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« Reply #1 on: December 10, 2006, 08:35:42 PM »
The Bill of Rights, including (of course) the Fifth Amendment, did not as an original matter apply to the states. See Barron v. Baltimore.
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bullmoose88
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« Reply #2 on: December 11, 2006, 12:24:50 AM »
Incorporation...FUN!
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