12/27/2023 0 Comments Constitutional right to due process![]() It is this rich tradition of due process and respect for the rule of law that American colonists would draw on as justification for the American Revolution and then enshrine in the U.S. It contained specific protections for property and liberty for the accused and even for those persons found guilty. This document cemented the English tradition of demanding that laws be followed, and it did so in ways that would directly influence America’s Founding nearly one hundred years later. Four decades later, in 1689, monarchs William and Mary accepted – as a condition of their rule – the English Bill of Rights. ![]() While the Petition of Right did not assert any new rights for Englishmen, it advanced the notion that due process required adherence by government to the rule of law. It denounced the king for denying due process, unjustly seizing property, denying trials by jury, and excessively punishing the guilty. The Petition of Right, a Parliamentary response to the king’s actions initiated by Sir Edward Coke, reaffirmed the principle that rights stem from the law, and that the king is not above the law. In 1628, however, King Charles I arbitrarily dissolved Parliament and ruled England entirely by royal prerogative. Over the next four centuries, the provisions of the Magna Carta became embedded in English common law and protected the rights of all free Englishmen. For example, the king could not financially punish a freeman “for a slight offense, except in accordance with the degree of the offense and for a grave offense he shall be in accordance with the gravity of the offense…” To Americans, this ancient right is associated with the principle that “the punishment must fit the crime.” King John also agreed not to seize land to pay for debts, not to take life or liberty without due process or compensation, not to delay court proceedings or punish without testimony from witnesses, nor to issue excessive punishments. These limitations redefined the relationship between the king and the barons, and granted a body of rights and protections to the nobles that would, over time, become deeply rooted in English common law. In 1215, King John was forced to accept limitations to his prerogatives in the Magna Carta. However, the concept of due process of law, and many of the individual rights that are associated with it, evolved from English law. Most persons in the United States would consider due process quintessentially American. Rather, it is a blend of rights, customs, procedures, and legal traditions that have evolved over the centuries alongside our modern understanding of the requirements of the concept of “justice.” Due process is not a particular right in and of itself. In essence, it means that government must treat its citizens fairly by following laws and established procedures in everything it does. The government must follow duly-enacted laws when it seeks to restrict or deny fundamental rights, including a person’s rights to life, liberty or property. Thankfully, America is guided by the principle of due process of law. ![]() Would treatment such as that described above be fair? While the vast majority of Americans are generally law-abiding citizens, most of us will eventually run afoul of the law, perhaps for something as minor as a traffic infraction. If a trial is offered, a lone judge, in secret, determines your guilt and then authorizes cruel punishment.You may be jailed indefinitely, never having been told what you were accused of, or given a chance to defend yourself.Authorities may use any means necessary to force information from you if they suspect you of a crime.Your home, property, and body can be searched for any reason at any time. ![]() Imagine for a moment that you live in a country where the following conditions are true:
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