By Carrie Fredericks
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Extra info for Amendment XIV: Due Process (Constitutional Amendments)
Professional judges, for the lay juries. , the Celts, Gauls, and Germanic tribes, had 31 Due Process long histories of analogous [similar] procedures. Even into the eleventh century such procedural requirements may be found, as in the decree of [the Holy Roman emperor] Conrad II in 1037 that “no man shall be deprived of a fief . . but by the laws of the empire and the judgment of his peers . ” The most famous trial in history occurred in the Praetorium at Jerusalem with notice via His [Jesus Christ’s] arrest, the preferment of charges, a tribunal to hear, the giving of evidence, the opportunity to reply, and the judgment and sentencing.
Not until the 1950s and 1960s did a mass movement of black Southerners and white supporters, coupled with a newly activist Supreme Court, reinvigorate the Reconstruction Amendments as pillars of racial justice. Today, in continuing controversies over abortion rights, affirmative action, the rights of homosexuals, and many other issues, the interpretation of these amendments, especially the Fourteenth, remains a focus of judicial decision-making and political debate. We have not yet created the “perfect republic” of which Stevens dreamed.
City of Baltimore] Chief Justice [John] Marshall held in effect that they were a limitation solely on the federal government. Two “Due Process” Amendments In the first important case involving the Due Process Clause it was determined that the language was “undoubtedly intended 34 Historical Background on the Fourteenth Amendment to convey the same meaning as the words ‘by the law of the land,’ in Magna Charta” (Murray’s Lessees v. , 1856). This dictum limited the Clause to procedural notice and hearing, with the notice required to be adequate and the hearing fair, and subsequent opinions also followed this view (of course, “adequate” and “fair” themselves had to be interpreted, defined, and applied).
Amendment XIV: Due Process (Constitutional Amendments) by Carrie Fredericks