SurfWax News Index  |  Track News  |  Save/Exchange Information |  About Us

    News and Articles on Due Process Of Law



    14th Amendment nullification threatens core of citizenship  Sep 3, 2010
    The second sentence of that section says: "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state 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.". Also called the "due process" clause or the "equal protection" clause, this part of the 14th Amendment is the very foundation of U.S. civil rights law. (Juneau Empire)

    Govt has no plan to ban Dow Chemicals  Aug 20, 2010
    NEW DELHI: India has no plan to ban Dow Chemicals in the country while the due process of law will be followed in fixing civil and criminal liabilities of the firm in the 1984 Bhopal gas disaster ... The government has no plan to ban Dow Chemicals in the country while the due process of law will be followed in fixing civil and criminal liabil 000016E1 ities of the firm in the 1984 Bhopal gas disaster. (India Times)

    Gay Marriage is Constitutional  Aug 8, 2010
    The Constitution wrote on Aug 6, 2010 7:52 PM:" The right to marry is not mentioned specifically in the Constitution. So, I ask, where is the right for men and women specifically protected in the Constitution? The Constitution also does not specifically protect the right to drive, to own a dog, or to eat pizza on Tuesdays. However, it does provide a provision to protect all citizens of the US from unequal treatment. The 14th Amendment states No-State-shall make-or-enforce-any law-which... (New Iberia, LA)

    Unemployment and Obama's original sin  Aug 7, 2010
    A major legal challenge to one of the Obama administration's most radical assertions of executive power began this morning in a federal courthouse in Washington, DC. Early last month, the ACLU and the Center for Constitutional Rights were retained by Nasser al-Awlaki, the father of (and U.S. citizen) Anwar al-Awlaki, to seek a federal court order restraining the Obama administration from killing his son without due process of law. But then, a significant and extraordinary problem arose:... (Salon)

    Re-visiting Project Vigilant  Aug 6, 2010
    " UPDATE: after obtaining from Hussain the , which make Hussain's reaction more understandable. Though the Times of India account excluded the offending portions, there is one passage in particular that contains some fairly pure and inflammatory anti-semitism. It is likely that it was that part to which Hussain was objecting, and unfortunately, it enabled him to avoid addressing the more substantive points raised by Rizvi. Share: Tuesday, Aug 3, 2010 09:04 ET By Glenn Greenwald AP A 2008 file... (Salon)

    McCain supports hearings on birthright citizenship  Aug 4, 2010
    It also forbids states from denying anyone "life, liberty or property, without due process of law" or to "deny to any person within its jurisdiction the equal protection of the laws.". The Arizona Republic is a member of the Politico Network. (AZCentral -- News)

    Attorney called over code officer firing  Aug 4, 2010
    "It's a meeting to go over the documentation. They want to push Mike and I into falling in line, I think," O'Donoghue said. "If there's any kind of a vote, they definitely have to come out of executive session.". (Seacoast New Hampshire)

    Sen. Kyl Backs Anchor Baby Hearing  Aug 2, 2010
    On CBS "Face the Nation on Sunday, Senate Republican Whip Jon Kyl (R-Ariz.) backed the notion of a hearing to examine the constitutionality of granting citizenship to children of illegal aliens born on U.S. soil. Kyl was asked by the host if he backed the movement afoot to rescind the law that makes anyone born in the United States a U.S. citizen specifically aimed at the children of illegal immigrants. There is a constitutional provision in the Fourteenth Amendment that has been interpreted to... (Human Events Online)

    TSA clearance a cloudy process  Jul 30, 2010
    The focus of my talk was the fundamental rights and liberties enshrined in the U.S. Constitution, including every person s right to due process of law ... For a Muslim-American Delta worker and a refugee from systematic injustices abroad, due process of law, a fundamental tenet of the American justice system, was denied. (Atlanta Journal-Constitution -- Opinion)

    How Not to Reform Immigration  Jul 30, 2010
    The childs parents were acting on the childs behalf when they knowingly entered the country illegally, they should be able to continue to make legal decisions for the child until they relinquish custody or the child becomes of age there simply is no logical reason that has to guarantee the parents free access to our land without gaining access through a due process of law. Leave a Reply. (The American Conservative)

    Power Breakfast: Tech colleges surge in recession, Publix, Aarons, CCE, BP, Target  Jul 28, 2010
    In the article State Revenue Agents Seize Five Motels in the Augusta Area , what happened do due process of law as guaranteed by the United States Constitution. Isn t this just another example of how the State totally obliterates the U.S. Constitution when it suits them. (Atlanta Journal-Constitution -- Business)

    Mumbai builder gets Rs 300cr profit as gift  Jul 21, 2010
    When contacted, Gill said the conversion was carried out following the due process of law. Cidco rules permit such conversion, he said. (India Times, India)

    Gay-marriage lawsuits escalate  Jul 14, 2010
    Loving v. Virginia, 1967 Justices ruled state laws prohibiting interracial marriage violate the Constitution's guarantee of equal protection and due process of law. Romer v. Evans, 1996 Ruling found that a Colorado constitutional amendment adopted by voters to stop cities from banning discrimination based on sexual orientation (for example, in jobs and housing) lacked rational state grounds and appeared motivated by "animus" toward gay men and lesbians. (USA Today -- News)

    Top Entertainment Stories Boston judge cuts penalty in song-sharing case  Jul 11, 2010
    "In a number of cases, the federal courts have sided with these businesses, ruling that excessive punitive damages awards violated the companies' right to due process of law.". "These decisions have underscored the fact that the constitution protects not only criminal defendants from the imposition of 'cruel and unusual punishments,' but also civil defendants facing arbitrarily high punitive awards," Gertner said. (Jefferson City News Tribune, MO)

    Kagan Hearings Surpass World Cup For Most Boring TV Event  Jul 5, 2010
    -- "nor be deprived of life, liberty, or property, without due process of law." States are free to ban the death penalty on their own, but the Constitution requires only three things for the imposition of a death sentence: a grand jury indictment, no double jeopardy, and a hearing. The End. (Human Events Online)

    2nd Amendment Gun rights and Chicago's ban  Jul 1, 2010
    Justice Samuel A. Alito Jr., joined by Chief Justice John G. Roberts Jr. and Justices Antonin Scalia and Anthony M. Kennedy, said the incorporation of the right was accomplished by a clause in the 14th amendment preventing states from denying persons "life, liberty or property" without due process of law. That is the traditional way rights have been incorporated. (Juneau Empire)

    Why gun ruling is a teachable moment  Jul 1, 2010
    Several decades later, the court concluded that the Fourteenth Amendment's provision saying that states may not deprive persons of "life, liberty, or property, without due process of law" could now be used to apply or "incorporate" key provisions of the Bill of Rights to the states. Note, however, that this process occurred selectively, provision by provision, and over seven decades. (CNN -- US)

    High court expands gun owner rights  Jun 29, 2010
    without due process of law. "Through the Due Process Clause, the 20th century court eventually came to hold that states cannot restrict Americans' right to the First Amendment's freedoms of speech, press and religion; the Fourth Amendment's search and seizure protections; the Fifth Amendment's right against self-incrimination; and other provisions Americans consider fundamental. Monday's ruling adds the Second Amendment's right to bear arms to this list of fundamental rights."Unless we turn back... (Seacoast New Hampshire)

    5-4: SUPREMES AFFIRM GUN RIGHTS NATIONWIDE...  Jun 29, 2010
    Four members of the majority said the amendment was "incorporated" through the 14th Amendment's guarantee that the states may not "deprive any person of life, liberty, or property, without due process of law.". Thomas agreed with the outcome of the case but said the right was more correctly located elsewhere in the 14th Amendment, in a clause that forbids laws that abridge "the privileges or immunities of citizens of the United States.". (The Drudge Report)

    Americans Relate to Founders, Not Progressives  Jun 28, 2010
    So they wrote the Fifth Amendment to ensure that no citizen was deprived of those rights without due process of law. In Britain, that tension had been limited by allowing only property-owners to vote. (Townhall.com)

    Power Breakfast: Recession slows Atlantas population growth, unemployment, soda tax, BP, iPhone 4  Jun 25, 2010
    Despite the fact that the University of Georgia already owns thousands of acres of idle land in the smallest county in Goergia, Clarke County, this secret organization buys up properties and takes them off the tax rolls with no public hearings, effectively raising the taxes of all the rest of the owners with no due process of law. This process is totally unethical, improper and illegal but not challenged because of the hegemony of this so-called University of Georgia and its many graduates in... (Atlanta Journal-Constitution -- Business)

    Degeneration of Democracy  Jun 23, 2010
    But the Constitution says that private property is not to be confiscated by the government without "due process of law." Technically, it has not been confiscated by Barack Obama, but that is a distinction without a difference. With vastly expanded powers of government available at the discretion of politicians and bureaucrats, private individuals and organizations can be forced into accepting the imposition of powers that were never granted to the government by the Constitution. (Townhall.com)

    THOMAS SOWELL: Is USA Now On Slippery Slope To Tyranny?  Jun 22, 2010
    But the Constitution says that private property is not to be confiscated by the government without "due process of law.". Technically, it has not been confiscated by Barack Obama, but that is a distinction without a difference. (The Drudge Report)

    Good For You, Joe Barton  Jun 22, 2010
    There are laws on the books for handling any criminal or civil claims that come to bear against BP. There is also this little thing called the 14th amendment that guarantees due process of law. I guess we can deny someone due process if public opinion doesn't like them very much. (Townhall.com)

    No Winners in Congress vs. BP  Jun 19, 2010
    BP should be held responsible, without question but not without due process of law. Absent from the hearing was any representative of the Minerals Management Service (MMS) that had government oversight and permitting responsibility over every single aspect of the BP operations. (Human Events Online)

    Western Nations Slam Iran Over Human Rights Record  Jun 16, 2010
    Iran's shortcomings include "the violent suppression of dissent, detention and executions without due process of law, severe discrimination against women and minorities including people of Baha'i faith, and restrictions of expression and religion," said the statement. It was agreed to by 56 nations, less than a third of all U.N. member nations. (CBS News -- World)

    Plant affects many  May 27, 2010
    If that stay is not granted, Naugle said, it "would be a death sentence for the facility. Erie Coke would effectively be deprived of its property without due process of law," he said. Crane told the judge he has made $18 million worth of improvements to the Erie plant since he bought it in 1987. (Erie Times-News, PA)

    Eminent domain reform should be comprehensive  May 23, 2010
    This foundation appears in Wyomings Constitution which, while allowing public and private entities to take private property, explicitly requires "due process of law" and "just compensation.". Due process of law is defined on as, "a fundamental principle of fairness in all legal matters, both civil and criminal, especially in the courts." For this to be accomplished it is imperative our eminent domain laws fully reflect the spirit and purpose of the Wyoming Constitution ... But it is crucial... (Casper Star-Tribune, WY)

    Thailand unrest 'under control'  May 22, 2010
    " He said the government would "allow the due process of law to operate" and use "parliamentary democracy to resolve the problems with the participation of all groups of people". Mr Abhisit was speaking from the military base north of the capital where the government has been working during the protests. He said he recognised there were "huge challenges" now facing his government, "particularly the challenge of overcoming the divisions that have occurred in this country". An independent... (BBC News)

    PM calls for reconciliation to heal Thai divide  May 22, 2010
    Abhisit said the government will allow due process of law and parliamentary democracy to resolve the country's problems. "At the same time that plan will include an independent investigation of all the events that have taken place during the protests," he said without elaborating. (WSVN-TV Miami, FL)

    DEATH BY DRONE: Controversy after CIA authorized to kill U.S. citizen...  May 14, 2010
    Most significantly, he is an American, born in New Mexico, arguably protected by the Fifth Amendment s guarantee not to be deprived of life, liberty, or property, without due process of law. In a traditional war, anyone allied with the enemy, regardless of citizenship, is a legitimate target; German-Americans who fought with the Nazis in World War II were given no special treatment. (The Drudge Report)

    Terminate $7.7 million worth of contracts...  May 13, 2010
    390259 93575949 http://www. com/news/local-beat/LA-Council-Considers-Arizona-Boycott-93575949. (The Drudge Report)

    What little they have  May 7, 2010
    Should homeless people living in such camps still retain rights to their property and due process of law afforded to all citizens by the Constitution. Yes. (Juneau Empire)

    Mass firings fly in the face of due process  May 6, 2010
    The fundamental requisite of due process of law is the opportunity to be heard. So said the Supreme Court back in 1914 at a time when that court was even more conservative than the present one. (Boston Globe -- Editorial)

    Supreme Court myths exploded  Apr 23, 2010
    First, as Stone recognized, many of the court s most important cases involve vague concepts such as due process of law, equal protection of the law, freedom of speech and cruel and unusual punishment, all of which are ambiguous concepts that cannot be defined without controversial political interpretations. Imagine a legal directive requiring the justices to do what is right. (Atlanta Journal-Constitution -- Opinion)

    Nigeria: Crimes Commission to Arrest Former State Governor  Apr 22, 2010
    That is that Ibori should be left alone while the case is going on at Asaba, so why are they still seeking to arrest him without following the due process of law. "And that is why we are saying we will resist them with the last drop of our blood, he is not a criminal, he is not the only ex-governor, they should let him be.". (allAfrica.com)

    Nigeria: Shell Loses Appeal to Forfeit Bonny Terminal Land  Apr 20, 2010
    According to the court, "the rights and interest of the claimants and that of Shell as landlords and tenants remained intact and were recognised by section 36(4) of the Act until the Governor of the state, following due process of law revokes the right of occupancy granted to the holder. On the strength of decided authorities and the Act itself, I do not think that a tenant/leaser in the instant case, Shell can translate into a holder by virtue only of the customary agreement of 1958 since Shell... (allAfrica.com)

    What Justice Stevens stood for  Apr 14, 2010
    Dissenting, Rutledge affirmed the importance of providing "due process of law" to all people, "whether citizens, aliens, alien enemies or enemy belligerents." In Hamdan, Stevens finally vindicated that principle 60 years later. For Stevens, that dedication to ensuring justice in all cases constituted the defining characteristic of a judge. (CNN -- US)

    Stevens' Legacy Includes Key Role in Terrorism Cases  Apr 14, 2010
    for the nation steadfastly to follow its great constitutional traditions, none older or more universally protective than due process of law in the trial and punishment of men, that is, of all men, whether citizens, aliens, alien enemies or belligerents. It can become too late. (Law.com)

    The Atlantic: What is a conservative judge?  Apr 13, 2010
    They want to use the Fifth Amendment's ban on government taking "property" without due process of law, in order to forbid a wide variety of government activities. Conservative can mean simply judges who use their power to impose a conservative political agenda. (MSNBC -- Politics)

    Tensions rise in South Africa over killing of white supremacist  Apr 7, 2010
    Zola Majavu, the lawyer defending the 15-year-old for free, said that he knew nothing of any confession and that my client remains innocent until the due process of law concludes. Majavu said the teenager is overwhelmed and fearful for the safety of his family. (Boston Globe)

    COLUMN: Quinn and his party: 'Look Mom - no hands'  Mar 27, 2010
    TODAY'S HEADLINES SPECIAL SECTION ONLINE POLL. How are your picks doing in the NCAA tournament. (Mattoon Journal-Gazette, IL)

    Riders on the Storm  Mar 23, 2010
    Columns, funnies in your inbox. Townhall Daily Alert Your daily must-read of conservative columns, cartoons and news. (Townhall.com)

    SIT didn't summon me on Mar 21: Modi  Mar 23, 2010
    The date of March 21, Mr Modi maintained, was invented by some vested interests as part of their effort to interfere with the due process of law. They wanted to paint me as a person who refused to respond to the SIT, he said and added that these purveyors of lies did not even bother to check whether the key SIT officers, who were appointed by the Supreme Court, were present in Gujarat on March 21. (India Times)

    Cannon Says North Korea and Iran Are Taking Steps to Build Nuclear Weapons  Mar 23, 2010
    These regimes deny due process of law, including access to fair and public hearings; use torture and cruel, inhuman and degrading treatment or punishment; and persecute citizens based on their political or religious beliefs, Cannon said in his prepared text. Their irresponsible actions further erode the worlds trust. (Bloomberg -- Canada)

    Bahrain's 'future away from oil'  Mar 13, 2010
    It is a set of values and legal institutions: separation of powers, voting rights, due process of law, all of those things that are in place as we speak today. Share this on. (CNN)

    High court weighs state, local gun-control laws  Mar 8, 2010
    The court also has relied on that same clause - "no state shall deprive any person of life, liberty or property without due process of law" - in cases that established a woman's right to an abortion and knocked down state laws against interracial marriage and gay sex. This is the approach the NRA favors. (San Francisco Chronicle)

    Case For a Scythe?  Mar 7, 2010
    The court probably will overturn those ordinances by holding that another part of the 14th Amendment -- the guarantee that no state shall deny liberty "without due process of law" -- "incorporates" the Second Amendment. The justices evinced scant interest Tuesday in resurrecting the "privileges or immunities" clause by revisiting an incoherent decision rendered in 1873. (Townhall.com)

    Liu Nomination Pushes 9th Circuit Farther Left  Mar 3, 2010
    If you still find Liu s position vague, this should clear it up: ;it becomes pretty clear why originalism or strict construction don t make a lot of sense; Many of the broad phrases equal protection of the law, due process of law, unreasonable search and seizure, freedom of speech all of these phrases are quite broad and indeterminate; The Framers deliberately chose these broad words so they would be adaptable over time. Sure, Goodwin, freedom of speech is so vague and unclear; James Madison... (Human Events Online)

    Old Tricks and Misguided Priorities  Mar 1, 2010
    No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State 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. The amendment, offered by Congressman Jeff Flake (R-AZ), failed 177-233 on a mostly partisan vote. (Human Events Online)

    Justices may expand gun laws  Feb 28, 2010
    It declares that states can't "deprive any person of life, liberty, or property, without due process of law." This due-process clause has been used previously to apply, or "incorporate," other Bill of Rights guarantees to state and local levels. However, the 14th Amendment also declares that "no State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." An otherwise obscure 1873 decision in what are called the Slaughterhouse Cases... (AZCentral -- News)

    Status quo ante after Indo-Pak talks  Feb 26, 2010
    After due process of law, the court said that there was not anything against him, he said and added that Indias relationship with Pakistan should not be predicated on statements made by an individual. The Pakistani foreign secretary also employed his countrys familiar distracting argument that it has no control over anti-India groups and men operating from its soil. (India Times)

    Origins of the Corporate State  Feb 25, 2010
    The Fifth Amendment had stipulated that no person shall be deprived of property without due process of law ... Now the ingeniously simple formula was to define a corporation as a person, whose property under the Fourteenth Amendment was then not subject to deprivation by any State without due process of law. (The American Conservative)

    Vodafone case adjourned to March 9  Feb 23, 2010
    The plaintiffs are, therefore, seeking reliefs from the court, including a declaration that the agreement entered into by the government was not in accordance with the due process of law and was, therefore, a nullity. They are also demanding that the court should give an order declaring that the forcible grouping of autonomous state institutions established by law - Voltacom, Fibreco, VRA Fibre Network and VRA Fibre Assets - with GT to form the purported Enlarged GT Group was unlawful and,... (Ghana Web, Ghana)

    * Schism erupts in Kenyan coalition over suspensions  Feb 16, 2010
    The war against corruption will be successfully fought when we do so in accordance with the Constitution and the due process of law, the Kibaki statement said. Many Kenyans said the moves had highlighted rifts between the president and Odinga, the opposition leader who became prime minister after talks to end post-election violence at the start of 2008 that killed at least 1,300 people. (Taipei Times, Taiwan -- Sports)

    Kenya: Kibaki Overrules PM Over Ministers' Suspension  Feb 15, 2010
    And so as not be seen undermining the war against corruption, the President said the action should not be interpreted as such, noting that graft "will be successfully fought when we do so in accordance with the constitution and the due process of law." ... " .. in accordance with the constitution and the due process of law." ... It may be hard, but consider this, dear dim-wit of a corrupt tribalist president-imposed-on-the-people-by-foreigners, that THAT 'constitution' as-is and THAT current... (allAfrica.com)

    Chicago's Gun Ban Challenged  Feb 11, 2010
    The Constitution s Fourteenth Amendment states: No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State 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. The respondents, Chicago and the village of Oak Park, argue that the Second Amendment binds the federal government, but not state and local governments... (Human Events Online)

    Read today's letters to the editor  Feb 10, 2010
    The Fifth Amendment says: "No person shall ... be deprived of life, liberty, or property, without due process of law." The Fourteenth Amendment adds to this by saying: "Nor shall any state 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 law." This says, to me, that the FBA's proposal is clearly illegal. But what about the problem of the court's backlog of foreclosure cases. (The News-Press -- Opinion)

    Terrorism Derangement Syndrome  Feb 4, 2010
    This week summarized how far the goal posts of normal have moved when he pointed out that "merely advocating what Ronald Reagan explicitly adopted as his policy'to use democracy's most potent tool, the rule of law against' terroristsis now the exclusive province of civil liberties extremists." Upon being elected to the U. S. Senate last month, Scott Brown declared: "Our Constitution and laws exist to protect this nationthey do not grant rights and privileges to enemies in wartime. In... (Slate)

    Your views: Corporate politics (Jan. 27)  Jan 27, 2010
    In other words, Scott was not a person, as referred to in the Fifth Amendment to the Constitution, someone who could not be deprived of liberty without due process of law. It took a Civil War, passage of the 14th Amendment and 150 years plus to fix that one. (Florida Today)

    HUL to merge Bon Ltd with itself  Jan 27, 2010
    "Despite all efforts by the company, the undertaking (factory) could not be revived and was eventually closed after following due process of law in July 2006," it said. The factory was plagued by labour issue and was shut down in 2006. (India Times)

    Use Constitution  Jan 26, 2010
    By passing Proposition 8, California is in clear violation of the 14th Amendments Due Process and Equal Protection clauses: States (the people) cannot legally take away the rights of others without due process of law or deny any person the equal protection of the laws, which is what is being done in the case of Proposition 8. Patrick Jackson. (Fresno Bee -- Opinion)

    Singaporeans will always come first: Law Minister  Jan 18, 2010
    Mr Shanmugam said it is important not to assume guilt, and that the due process of law has to be followed with police conducting a full investigation. He said: "The next step in the process is for the Attorney-General and his Chambers to look at the evidence presented, to then decide whether or not there is a case to proceed. And he will only proceed if he feels a case can be made out in court with witnesses without reasonable doubt. There is no question in the Singapore context of us not going... (Channelnewsasia.com)

    The Conservative case for gay marriage  Jan 11, 2010
    At the end of the Civil War, to make the elusive promise of equality a reality, the 14th Amendment to the Constitution added the command that "no State shall deprive any person of life, liberty or property, without due process of law; nor deny to any person the equal protection of the laws.". Subsequent laws and court decisions have made clear that equality under the law extends to persons of all races, religions, and places of origin. (Sydney Morning Herald -- Opinion)

    Neurosurgeons, WMC argue case in Denver on Wednesday  Jan 11, 2010
    The neurosurgeons claimed the hospital violated its procedures for peer review of physician behavior, defamed them with allegations of Medicare fraud and theft of hospital equipment, violated Fourth Amendment protections against unreasonable searches, violated their due process of law guaranteed by the 14th Amendment and caused the deaths of four patients because traveling nurses in the operating rooms were not skilled enough, according to court documents. The defendants -- the WMC, the... (Casper Star-Tribune, WY)


    Back to Law News

[ Terms Of Use | Privacy | About ]
©1998-2010 SurfWax, Inc.
All rights reserved. Patents pending.



Copyright SurfWax, Inc. 2010