by Jackson Otterberg | November 2, 2018 9:25 am
Due Process and the Constitution are fundamental parts of everyday American life. But what exactly is due process?
An experienced corporate lawyer named Eric Anderson explains,
“Well… due process provides protections of citizens’ lives, liberties, and property. There is both substantive and procedural due process under the 5th and…14th amendments to the United States Constitution. I would say that the… the 5th Amendment deals primarily with due process under federal law, and the 14th amendment deals primarily with due process under state law,” Anderson said.
Due process is applicable to almost everything in life, suggests Steve Johnson, an insurance lawyer. “Due process doesn’t just exist in legal things… it exists in other things like in sports,” Johnson said.
Many people agree that the Constitution is losing its effectiveness in today’s age.
“I am fearful that as time goes on… legislatures and courts have become more political and have enacted and interpreted laws not necessarily consistent with the constitution,” said Anderson.
However, there is no need to worry. Constitutional law and due process is safe, and there are many reasons for this. First of all, due process and the Constitution are protected daily in the courtroom.
“I think our court system is successfully doing its job in keeping our constitutional rights intact, I would say,” said Becky Beerling, a lawyer who clerked for a local judge.
Johnson thinks that due process has been used correctly throughout American history.
“I think it is no more respected and no less respected than it has ever been… I don’t think that there has been much change,” Johnson said.
In fact, Johnson feels that due process is more present now than it has been in America’s history.
“I think that we have a higher degree of due process now then there has been most of the time in the past,” Johnson said.
Beerling agrees with Johnson’s assessment of due process.
“I do feel that in most areas we are still good at affording citizens due process,” Berling said.
However, she did say the systems of due process are being challenged.
“Those systems are being challenged because the public defenders have so many cases,” said Beerling.
Though this statement may be controversial, due process is in safe hands with the government.
“I’m not as concerned about our adherence to the principles of due process as I am with other rights and protections provided under the constitution. I don’t have a personal awareness of [the] degradation of our due process rights under the constitution,” Anderson said.
There is no need to fret over due process and the Constitution’s existence. Although both have been fought throughout history, they have withstood the test of time and will withstand whatever the future of this great nation brings, if we continue to fight for our rights.
Source URL: https://antler.express/1588/opinion/are-due-process-and-the-constitution-getting-the-respect-they-deserve/
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