![]() ![]() But it will be a world where the overwhelming majority of national leaders will consistently abide by the rule of world law, and those who won't will be dealt with effectively and with due process by the structures of that same world law. Ours will neither be a perfect world, nor a world without disagreement and occasional violence.George Carlin, It's Bad for Ya (2008), "You Have No Rights".And if you read the news even badly, you know that every year the list gets shorter and shorter. That's all we've ever had in this country, is a bill of temporary privileges. The only right they had: "Right this way" into the internment camps! Just when these American citizens needed their rights the most, their government took them away! And rights aren't rights if someone can take them away. They had no right to a lawyer, no right to a fair trial, no right to a jury of their peers no right to due process of any kind. In 1942, there were 110,000 Japanese American citizens in good standing, law-abiding people who were thrown into internment camps simply because their parents were born in the wrong country.Due process is a growth too sturdy to succumb to the infection of the least ingredient of error.Hugo Black, dissenting, In Re Winship, 397 U.S.For me, the only correct meaning of that phrase is that our Government must proceed according to the 'law of the land'-that is, according to written constitutional and statutory provisions as interpreted by court decisions.If it has any relevance at all, the fact that there may be other prisoners in this country's jails serving illegal sentences would seem to me to make it all the more imperative that we grant appropriate relief in this case rather than search for some obviously dubious excuse to deny this petitioner's claim. ![]() Bad men, like good men, are entitled to be tried and sentenced in accordance with law, and when it is shown to us that a person is serving an illegal sentence our obligation is to direct that proper steps be taken to correct the wrong done, without regard to the character of a particular defendant or to the possible effect on others who might also want to challenge the legality of their sentences as they have the right to do 'at any time' under Rule 35.Augustus, Res Gestae Divi Augusti as translated in Loeb Library edition (1924).Those who slew my father I drove into exile, punishing their deed by due process of law, and afterwards when they waged war upon the republic I twice defeated them in battle.Ancient legal maxim, reported in Herbert Broom, A Selection of Legal Maxims (1900), p.Translation: "No man should be condemned unheard".Fourteenth Amendment to the United States Constitution, sec.No State shall … deprive any person of life, liberty, or property, without due process of law nor deny to any person within its jurisdiction the equal protection of the laws.Fifth Amendment to the United States Constitution (1791).Nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law.28 Edward III, Chapter 3, reported in Henry Booth Warrington, The Works of the Right Honourable Henry, Late Lord Delamer, and Earl of Warrington (1694), p.That no Man, of what Estate or Condition that he be, shall be put out of Land or Tenement, nor taken, nor imprisoned, nor disinherited, nor put to death, without being brought in answer by due-process of Law.Observance of due Process of Law (1368).It is assented and accorded, for the good Governance of the Commons, that no Man be put to answer without Presentment before Justices, or Matter of Record, or by due Process and Writ original, according to the old Law of the Land: And if any Thing from henceforth be done to the contrary, it shall be void in the Law, and holden for Error.When a government harms a person, without following the exact course of the law, then that is a due process violation which offends the rule of law. ![]() Due process holds the government subservient to the law of the land protecting individual persons from the state. Due process is the principle that the government must respect all of the legal rights that are owed to a person according to the law. ![]()
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