8.5: Due Process of Law

search warrant

a court order authorizing a search if a judge grants a search warrant to an investigator they are following due process

police power

the authority of each state to act to protect and promote the public health, safety, morals, and general welfare of its people the police power a state is often at odds with protecting civil liberties and it is up to the courts to decide where the line

due process

the government must act fairly and in accord with established rules in all that it does dual process means that whatever the government does must be fair and in accordance with established rules this means that the government cannot throw someone in jail for speaking out, take private property from an individual without compensation, or sentence someone to a longer than normal prison sentence

substantive due process

the government must create fair policies and laws requires legislation to be fair and reasonable in its content and to further a legitimate government objective

procedural due process

the government must employ fair procedures and methods the supreme court began to realize in the late 19th century that not only the actions of the government has to be fair, but also the laws they made procedural due process is due process deals with the fairness of the laws the government makes procedural due process requires at the very least: notice and hearing by an impartial decision maker

eminent domain

the power of government to take private property for public use as long as the use of the land is for the public good the government can take any land they desire as long as they provide just compensation for the land

the incorporation of the bill of rights

the provisions of the bill of rights apply only against the national government, but the supreme court has determined that the 14th amendment's due process clause include the protections from the state governments to contained in the 1st, 2nd, 4th, 5th, 6th, and 8th amendments parts the 3rd, 5th, and 7th, amendments protections are not incorporated into the 14th amendment