Benjamin Franklin, John Adams and Thomas Jefferson writing the Declaration of independence (1776) were all of British descent. (Photo credit: Wikipedia)
The Fifth and Fourteenth Amendments to the Constitution include references to due process any time a person is in jeopardy of life and property. While the Amendments themselves do not specifically define what due process is, the Constitution itself provides elements of due process as have subsequent court decisions through the years. For example, the right to know what one is charged with in all criminal matters is in the Bill of Rights, as are the rights to a public trial and the right to cross-examine witnesses who testify against you. Any legal proceeding in the United States that fails to uphold these protections is not living up to the protections we claim to value so highly.
A former U.S. Senator is currently fighting for his freedom, as is a former Hall of Fame caliber baseball player. All over America, people high and low are depending on due process to level the playing field, to diminish the power of Goliath, and to stand a chance when forces that want to destroy them are at play. In some cases the guilty will go free; in others the innocent will be punished unjustly. Regardless of the particulars, every American should take a solemn oath to protect and defend the tents of due process, just like the oath sworn by the men who signed the Declaration of Independence.
We mutually pledge to each other our Lives, our Fortunes and our sacred Honor
What do you think? Is due process something most Americans understand? Can you identify how various elements of due process have been important in your life? How important is due process to the American creed? As for me, I pledge my life, my Fortunes and my sacred Honor.
–DENNIS FALCON
Related articles
- Can the President Kill You? by Andrew P. Napolitano (gunnyg.wordpress.com)
- Substantive Due Process News (volokh.com)
I feel as though due process is something that not all Americans understand, but however react to it. Due process is fair treatment to every American citizen. If you ask the average American if they know what due process is, chance are they won’t know what it is. But if they are being treated unfairly, then they will speak up. Due process is extremely important to American Creed because it goes hand in hand. American Creed is all about personal freedom, so it is entirely important.
In my opinion, due process is not definitely not something that all Americans understand. The only time that they choose to know the meanning of it is when their rights are being tested. In the History of Constitution Amendments timeline, the 14th amendment goes into depth of an explanation about due process and its significance to the Bill of Rights. Due process is important to the American Creed because they are both similar to each other and have one distinct meaning – freedom.
To some degree due process is not what most Americans can comprehend. From a personal point of view, the element is important in my life is knowing that we have legal rights. It almost feels as a security blanket. Should the situation arise where we must seek justification; our country must advocate to our protection. Also, it is highly important to the American creed, “because it was the purpose of government to secure these rights, the people could form a new government if it failed to do so” (32).
I believe a lot of people don’t understand some of their rights as an American. One of the rights discussed is due process which means you won’t be left to rot in a jail without your right to know in a court of law what you are being charged with (Amendment 6). The 5th Amendment (The protection of the Defendants Rights). “No loss of life, liberty or property without due process of law” (page 50). Luckily for me, I have not had to face any of these things in a court of law or otherwise, and I hope I never do have to! This is extremely important to the American creed. As discussed (page 32) it was listed as extremely vague or glossed over when Jefferson states it is self-evident that all men are “equally endowed by their creator, with certain unalienable rights” including “life, liberty and the pursuit of happiness”
In general I am happy with the comments. A word of advice: Don’t jump on the band wagon by just agreeing with people who posted before you. Each of you needs to find a way to make your comment “POP!” Make a reference to the textbook, a simulation, to show that YOU understand what you are reading/learning.
The references here to page numbers is GREAT! This is what I want. Good job people!
Due process, civil liberties, inalienable human rights, yeah, yeah……
We live in time (Guantanamo Bay) in the United States where our rights have been remolded (war on oil, sorry meant terrorism) and reduced because of fear. The worst part is the fear is instilled in us by our own government. By using fear they have blurred our vision to the fact that we have less rights than we did 20 or 30 years ago. I am all for the fight to protect this country (and a great country she is), but at what cost.
Orwell, “Big brother is watching you”. Things happen in cycles, can we see past the obvious to see the truth.
Do American’s understand due process? I think that most people due in respect to being arrested and going to court, but in a one sided way. The introduction of the requirement of law enforcement to read Miranda rights upon arrest has helped educate everyone, from the person getting the cuffs slapped on to the person on their couch watching Law and Order. I’m not sure how much is known by the average people outside of that. Due process is ingrained in American’s. We expect to be treated with respect and with due process not only by police, but in our daily lives. An example: A man is fired from his job. He demands to know why. He is given an answer by his employer if the employer wants a chance at fight the EDD claim that is sure to come. Is this not a form of due process? I believe it is because is mirrors our rights to know what we are charged with or a case can be thrown out of court. We are raised this way and it is very important to all of us on levels we don’t even think about.
Due process is also important to the American Creed. It helps to protect our freedom and liberties. All American’s are entitled to due process. I do not believe that this applies to everyone on the planet thought. In the article titled “Can the president kill you” by Andrew P. Napolitano, he explores the rights of the president to throw away due process and institute the “President’s novel version” of his own. He does not name names, but is clear whose ordered death he is referring to. Was it constitutional to kill Osama Bin Ladin without first arresting him, reading him his rights and what he is charged with, and then taking him before a judge and jury? I believe it was. I think that this was a prime example of and extraordinary event being handled in an extraordinary way. The chances of our soldiers not being able to arrest this monster, make it all the way back to the United States with him, and keep him alive through a trail was just too much of a risk. He needed to be eliminated. I do not think that our founding fathers would have batted an eye. But that’s just my opinion!!!
Most Americans know that they have a right to due process, and that if they get into trouble that they do have the right to a trial and a lawyer, how fair this process will be depends on knowing your individual rights according to the Constitution. The American creed is the right to pursue life, liberty and happiness but these things can be taken away by not knowing what you rights are under the Constitution. Due process is important to me because I am able to walk down the street and not be harassed by Government about what I wear, how I talk, and what I say when I talk because I have certain natural rights that I am free to excercise under the Constitution. Due process and the American Creed goes hand in hand, one verifys the other making it valid and unchallengeable.
I think that due process is something that most Americans don’t understand. Most Americans are blind to U.S. politics, that is why this course is mandatory for college students, and that could also be the reason why this country has such low registered voters. Due process is definitely a good thing, I believe that everyone should have the opportunity to defend themselves if their liberty is at stake. The only problem is that lots of Americans don’t know how to defend them selves, and they leave their trust on incompetent lawyers.
Angel Arvizu- What i am reading in the tex book and peoples comments is that a lot of people don’t understand thier rights as an American citizen. One of the rights that is constantly discussed is the due process which means you wont be treated like an animal in jail to rot or die without your right to know in a court of law what you are being charged with which comes from the Amendment 6.also, the 5th Amendment potects you to which is the right of protection of the Defendants Rights. The american Creed is also the many ways that AMerica is america. The AMerican Creed brings happiness and joy which is the chance to do whatever you ant to do when you want to.The American creed is the right to pursue life, liberty and happiness. Now that is what i want to hear because AMerica is the land of oppertunitiy. with oppotunity, there is hope. where there is hope, there is happiness.
As this blog stated, “Any legal proceeding in the United States that fails to uphold these protections is not living up to the protections we claim to value so highly.” We as Americans should understand when it comes to anything that refers to politics, government, civil rights and etc. unfortunately most people do not understand the meaning of due process or either the meaning of their rights as a citizen. Topics like these are not as important until one gets introuble with the law. I’m sure if people had more knowledge of what it meant as civil liberties then not so many people would be convicted with unfair crimes. As i read chapter 4 about civil liberties i found that civil liberties are a VERY important asset to have while being an American, it’s actually useful more than people figured it would be. Civil Liberties are in ones daily life and even if we don’t realize it. It is around and we should have knowledge of that in order to feel some peace of mind in this crazy world.
Due process is not clear for everybody. Most Americans do not know what it really means. A lot people do not get involved in politics and because of that multiple violations of their rights occur. For example, the right to have a public trial or the right to know all the charges against them. American citizens should fully understand their rights. Everybody has the right to life, liberty, or property. All people in America are entitle to have a fair treatment, that means they have the right to tell their side of the story. Due process ensures fair treatment of all people in America by federal, state, and local governments. American people should get more involved in politics and not leaving this important right to people who usually seek their own interests.
Due process is not always clear to everyone especially those who have not been in a serious court situation where there need to know their legal rights. I personally have not been in a court room or have been prosecuted for anything but I know of people who have been in tough situations where they needed to know their legal rights and if people do not know their rights and how to defend themselves it can cause them a disadvantage in legal matters. It makes me feel like I have some freedom away from government control with my natural rights. Locke’s theories about government was widely accepted and he provided the natural rights law which states that, “natural rights inherent in human beings, not dependent on governments, which include life,liberty, and property” (page 31).
Due process is important to American creed because Jefferson declared that it was “self-evident” that men were equally “endowed by their creator with certain unalienable rights,” including “life liberty, and the pursuit of happiness” (page 32). It helps provide protection of our freedom and liberties,
As a proud American, I can also state I pledge my life, my fortunes, and my sacred honor. However, when the question arises, if due process something most Americans understand? In my personal opinion most Americans do not understand due process, due to the lack of knowledge many Americans fail to educate themselves about the government system. Today in America our news is covered with many Americans being scammed because of the lack of education with knowing the laws in the government system. As discussed in Government in America, due process clause is defined by “part of the Fourteenth Amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the United States or state governments without dues process of law” (Edwards, Wattenberg, Lineberry 103). Due process has made an important impact in my personal life. Having the knowledge of due process clause has helped my family when my father was falsely accused of a murder. Knowing our rights and understanding the law, helped my family to get a fair trial for my father and was found innocent. However, even before my family had to go through this discretion, I was very knowledgeable of the laws. I am a person who does research for everything to avoid getting scammed and to get educated on all my rights because no one knows when one day your rights are being violated. Due process plays an important role in the American creed. Everyone deserves a fair treatment and a fair trial. America is based on the opportunity and equality. Without these fundamentals America would not be known as, the American land of many opportunities.
I would believe that most americans would understand due process, That they have a fair treatment through the judicial system. I also believe that a lot of americans think that due process is false because maybe someone they know or even themselves have been convicted falsly. Due process is very important in my life, even though sometimes the court judicial systems can sometimes let innocent people be punished unjustly, I know we all get treated fairly by the government..
I think that if you asked Americans what the due process clause was back around 1966 when Miranda v. Arizona (Chapter 4, page 127) happened they probably wouldn’t have been able to give you a answer. But, now most people know. There are a lot of ways to learn about it. There are televisions shows fiction and a non fiction that show people getting arrested and the police always read the rights to the person getting arrested. There are also books like the one I am reading for the class which has taught me a lot that i didn’t know. I feel that Miranda v. Arizona was a good thing unfortunatly. If it had not had happened there might still not be guide lines about our rights when people get arrested. When some one is in a stressful situation they say things to try and get themselves out of it, but what they say might be used against them in court. I’ve noticed that when some one has their rights read to them they stop talking because they don’t want to dig themselves in a deeper hole. I have learned that Americans have more rights then I thought we had and we all need to stand up for what we believe.
Chapter 2
Due process refers to the guarantee of all American citizens have equal rights in regards to the law. If the founders of our constitution believed that the secret of good government is “balanced” government. Neither fame nor fortune should make you a better man.Our constitution was written to be followed by the people as well as the government themselves. It goes both ways; due process can be helpful if the government is being unjust or unfair to any person. “Jefferson claimed in the Declaration of Independence that people should have primacy over governments that they should rule instead of be ruled.”(Edwards, Wattenberg, Lineberry, pg. 32) I feel that the majority of Americans may not exactly know what due process means, but have a general idea. All American citizens have the general idea of America being the land of opportunity, all men are created equal. It generally is something just known. Most people in America are good at heart, and believe in equality. It seems to be what American citizens have been fighting for now for generations. I like the concept of due process in American creed because it guarantees equal rights. It may not always seem to be in effect, especially in today’s society. Mostly in regards to fairness with fame (cough cough Lindsey Lowahn) but in general Due process is good to have; even if it is hard to come up with an exact definition for it.