THE 14th Amendment is fighting for its life. Xenophobes want to get rid of the part that allows for birthright citizenship. Homophobes will soon take up the cause as well. U.S. District Chief Judge Vaughn Walker, who ruled last week that California's Proposition 8 was unconstitutional, said it violated the due process clause of the 14th Amendment. All this modern angst is found in the 19th-century constitutional fix to the mess created by the U.S. Supreme Court in its flawed ruling in the Dred Scott case.
At the heart of the common law tradition is the continuous adjustment of legal principles and rules to customary practices. Justice Felix Frankfurter gave expression to this fact when he declared in an early 1950s case that the due process clause of the 14th Amendment proscribes conduct that "shocks the conscience" of the people. Since what shocks our conscience can, and does, change over time, the task of keeping legal doctrines and procedures up-to-date never ends.
The US Supreme Court in their 1996 Montana v. Egelhoff decision incorrectly held that Montana did not violate the 14th Amendment Due Process Clause by enacting a statute disallowing negation of mens rea with voluntary intoxication evidence. Substantive due process does not require the use of such evidence as an affirmative defense. However, procedural due process and substantive criminal law require that intoxication be considered to determine the crucial element of intent in criminal offenses.
A class of custodial parents in Arkansas failed to show they have a constitutional right to collect child support from the state Office of Child Support Enforcement in the precise manner outlined in Title IV-D of the federal Social Security Act, said the 8th U.S. Circuit Court of Appeals last week as it affirmed an entry of summary judgment in favor of the state. The plaintiffs based their claims on Section 1983 of Title 42 of the U.S. Code and on the due process clause of the 14th Amendment.
A class of custodial parents in Arkansas failed to show they have a constitutional right to collect child support from the state Office of Child Support Enforcement in the precise manner outlined in Title IV-D of the federal Social Security Act, said the 8th U.S. Circuit Court of Appeals last week as it affirmed an entry of summary judgment in favor of the state. The plaintiffs based their claims on Section 1983 of Title 42 of the U.S. Code and on the due process clause of the 14th Amendment.
Because the U.S. Supreme Court again has upheld their right to self-defense, Americans -- especially those whose peace of mind is enhanced by a handy firearm -- should sleep more peacefully. The 5-4 majority in McDonald v. City of Chicago held that the 14th Amendment, because of its Due Process Clause, "incorporates" the Second Amendment right to keep and bear arms for self-defense -- and that the Second Amendment applies to state and local governments. Thus, McDonald is an appropriate, logical extension of 2008's ruling in District of Columbia v. Heller, which said the Second Amendment protects an individual right to bear arms.
... their guilty pleas deprived them of due process of law. The District Court found for respondents a... therefore in violation of the Due Process Clause of the 14th Amendment to the U.S. Constitution." A...
... among constitutional provisions, the clause prohibiting state abridgement of the "privileges o... of the Reconstruction Amendments (13th, 14th and 15th) gave the federal courts the authority to...
A federal court order still prevents the Seneca Nation of Indians from shipping cigarettes through the U.S. Postal Service, but it continued a stay on the collection of excise taxes. The U.S. Court of Appeals for the Second Circuit ruled Tuesday that U.S. District Judge Richard J. Arcara did not his abuse his discretion when he granted a preliminary injunction last year to stay enforcement of provisions of the federal Prevent All Cigarette Trafficking Act.
... of the law, claiming it violates the Due Process Clause, among other things. Judge Arcara found the...The Due Process Clause of the 14th Amendment, the Court of Appeals notes, places limi...
... hour limits therefore violated the Due Process Clause of the 14th Amendment, which says no state ...
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