Procedural Due Process

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Due Process Due process refers to the rights that the federal government must respect in terms of individual citizens according to the law. Due process goes further to provide some level of protection from the state (Roach, 1999). Judges must uphold due process by accurately interpreting the laws so that the rights of individual citizens are protected. Procedural due process falls under the rights afforded to American citizens under the Fourteenth Amendment. This ensures that those standing trial receive a fair trial which includes the ability to appear before a judge (Roach, 1999). Procedural due process comes into play in instances when life, liberty, or property are in jeopardy because this aids in the prevention of convicting and/or…show more content…
Particularly in the internet age, it is increasingly difficult to keep all personal and private information completely secure. However, the federal government does afford American citizens a variety of different privacy rights protected under privacy laws. While it has become somewhat easier to gain access to private information, the federal government has also sought out ways to increase protection in terms of privacy. Additionally, American citizens are constantly looking for ways to increase their own level of privacy (Bartee, 2006). Poe v. Ullman, 367 U.S. 497 (1961), was a significant case that illustrates the fine line the federal government walks when trying to protect the privacy of Americans while also trying to uphold Constitutional law. This case made the possession and use of birth control pills illegal. However, the Supreme Court also felt that illegalizing birth control pills would also strip many Americans of their right to privacy because in order to enforce the law the government would have to appear “in bedrooms to find out what went on” (Bartee, 2006). This case would eventually lead to the legalization of birth control pills so that the federal and state governments would no longer be permitted to gain access to the reproductive information and family choices that American citizens made (Bartee,…show more content…
There are many cases that indicate that the Court often takes the easy way out by listening to public opinion rather than truly upholding the Constitution (Bartee, 2006). This is why the Poe v. Ullman case, 367 U.S. 497 (1961), was quickly made invalid just a few short years after it was decided. When the Court makes a decision that does violate privacy rights, groups of American citizens get together to protest and find ways to influence the Court to overturn those decisions (Bartee, 2006). Therefore, in some instances the Court does overstep its boundaries as it did when it made birth control pills illegal. However, it backed down a few years later by changing the decision based largely on public opinion. While this is not necessarily a bad thing, it does cast a waffling light on the Court because there are so many instances of an initial decision being changed in response to public opinion (Bartee, 2006). Another good example is the initial decision to make abortion illegal and then the later decision that overturned this one to make abortion legal in the United
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