due process of law constitution

• Are you the enemy? Under the Military Commissions Act of 2006, you could be. The Military Commissions Act of 2006 allows the Executive Branch to circumvent the Constitution, endangering the due process of law for all Americans, not just terrorists.

On September 28, by a vote of 65-34, the Senate formally passed S. 3930, the Military Commissions Act of 2006 (MCA). The next day, the House of Repres...

• The New American
• October 30, 2006

• State v. Allen, (Ohio 2009)

MISTRIAL; DUE PROCESS OF LAW; INEFFECTIVE ASSISTANCE OF COUNSEL; FOURTEENTH AMENDMENT TO UNITED STATES CONSTITUTION; SIXTH AMENDMENT TO THE UNITED STATES CONSTITUTION; ARTICLE ONE, SECTION 10 OF THE OHIO CONSTITUTION

• Ohio Supreme Court

• Tohono O'odham Nation Sues State of Arizona and City of Glendale Over Annexation Bill

The Tohono O'Odham Nation filed a federal lawsuit against the State of Arizona and the City of Glendale over a law designed to block the tribe from building a casino. In the lawsuit, filed Friday, the tribe argued that HB2534 is pre- empted by federal law, violates the U.S. Constitution's guarantee of due process and equal protection, and violates the Arizona Constitution's prohibition on special legislation.

• Arizona Capitol Times
• February 18, 2011

• Constitutional Law

... that has gradually developed through a process in which courts interpret, apply, and explain the ...

• West's Encyclopedia of American Law
• Com–Dor

• State v. Malloy, (Ohio 2007)

Appellant appeals the trial court's decision to resentence him in accordance with State v. Foster, 109 Ohio St.3d 1, 2006-Ohio-856, arguing: Foster is legally erroneous; Foster violates the Ex Post Facto Clause of the United States Constitution and due process of law; and Foster violates the rule of lenity. Finding appellant's arguments meritless, we affirm the trial court's decision in all respects.

• Ohio Supreme Court

• How Just Is Virginia's Justice System?

By Ronald Fraser On paper at least, the U.S. Constitution's "due process of law" clause is the citizen's guarantee against wrongful conviction and imprisonment. But once inside a courtroom all bets are off. Research shows that eyewitness misidentification, false confessions and government use of snitches as witnesses -- all part of due process -- too often put innocent people behind bars.

• Progress - Index, The; Petersburg, Va.
• October 05, 2009

• State v. Duncan, (Ohio 2008)

Retroactive application of Senate Bill 10 does not violate the Ex Post Facto Clause of the United States Constitution or the retroactivity clause of the Ohio Constitution. Appellant has not been deprived of due process of law by the residency restrictions contained in R.C. 2950.034.

• Ohio Supreme Court

• News Analysis: Prop. 8 Update

Famous heterosexual attorneys Ted Olson and David Boies are trying to convince [Vaughn Walker] that Prop. 8, which amended California's constitution to re-ban same-sex marriage, violates the U.S. Constitution's guarantees of due process and equal protection under the law.

• Between the Lines; Livonia
• February 08, 2010

• U.S. Supreme Court Limits Punitive Damages Against Health Insurers and Others

Doctors are suing health insurers and HMOs in regard to alleged improper payment practices, and such suits often seek the recovery of punitive damages in addition to compensatory damages. The U.S. Supreme Court recently determined that giving juries unfettered discretion to set punitive damages awards constitutes a violation of the U.S. Constitution by taking property without due process of law. More specifically, in State Farm Mutual Automobile Insurance Company v. Campbell, the court overturned a $145 million punitive damages award against an automobile insurance company that had improperly handled a personal injury claim brought against its insured.

• The Daily Record (Baltimore)
• January 17, 2004

• Today in History

The 14th Amendment to the U.S. Constitution, guaranteeing due process of law, was declared in effect.

• Augusta Chronicle, The
• August 01, 2006