What is Due Process

What is Due Process

He appointed judges in the land, in each of the fortified cities of Judah.  He told them, “Consider carefully what you do, because you are not judging for mere mortals but for the Lord, who is with you whenever you give a verdict.  Now let the fear of the Lord be on you. Judge carefully, for with the Lord our God there is no injustice or partiality or bribery.” 2 Chronicles 19:5-7

Due Process

The concept of due process is found in the Bible, and is a fundamental part of Mosaic law.

Due process means a citizen MUST be given notice (and opportunity to challenge) prior to government making an order affecting his/her rights.

Due Process in Divorce

Due process is the concept behind giving people notice.  For example, in divorce cases, you cannot run to Court and get a divorce without letting the other person know.

Anytime you file paperwork, a copy MUST be timely served on the other side.  That way, they KNOW about what you are seeking, AND they have the opportunity to respond/defend themselves.

By the way, here is an article you should read if you have been served divorce papers.

Fifth and Fourteenth Amendement

Due process comes from the verbiage in the Fifth and Fourteenth Amendment

Fifth Amendment

The Fifth Amendment states:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Fourteenth Amendment

Fourteenth Amendment states:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Goldberg v. Kelly

In the 1970 case Goldberg v Kelly, the Supreme Court ruled that states must provide a hearing to public aid recipients before terminating their aid. The Court’s 5-to-3 decision was based on the idea that welfare benefits are statutory entitlements, not privileges.