Constitutional Law

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Related to Due Process Clauses: due process of law

Constitutional Law

 

a term used in legal and political writings to denote the branch of law that governs relations set down in the constitution or in legislative instruments promulgated for the observance of the constitution. In the USSR the term commonly used is state law.

References in periodicals archive ?
Town of Hempstead(38)--involved claims under both the Takings and the Due Process Clauses,(39) the means-ends analysis in Penn Central clearly draws upon Goldblatt's due process discussion.
Part D provides a brief summary of the settled boundaries of the doctrine, ultimately concluding that the Court views the Compulsory Process and Due Process Clauses as providing alternative sources for protecting essentially identical guarantees.
Where in our early cases can we find an understanding that the Due Process Clause of the Fifth Amendment protects fundamental, substantive liberties?
If the State has not "given anything for which it can ask return" in respect of the person, property, or transaction it seeks to tax, the Commerce and Due Process Clauses operate to limit the State's raw power to tax.
The United States District Court for the Middle District of Pennsylvania entered judgment for the employer but the United States Court of Appeals for the Third Circuit reversed the judgment and held that, based on the due process clause, a state employee is entitled to a pre-suspension hearing before being suspended without pay.
The court held that if the defendants acted with "deliberate indifference" and that indifference resulted in injury to the voters, the state defendants would be in violation of the Due Process Clause.
Chief Justice Taney found these substantive property rights in the Due Process Clause of the Fifth Amendment.
Hence, on its face, the rule violates the overarching principle of the Commerce and Due Process Clauses that an apportionment formula must, first and foremost, be fair.
Kenneth Blackwell, Governor Bob Taft, and their predecessors have failed to protect the fundamental rights of eligible Ohio voters to cast a meaningful ballot, as required by the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the United States Constitution.
Hence, on its face, the rule violates the over-arching principle of the Commerce and Due Process Clauses that an apportionment formula must, first and foremost, be fair.
In addition to the 4th amendment, there are two other constitutional provisions that govern the use of force--the 8th amendment, which protects against "cruel and unusual punishments," and the due process clauses of the 5th and 14th amendments, which protect against uses of force that "shock the conscience.
The view that the due process clauses of the Constitution impose substantive restraints on governmental power has long been a subject of contention.