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14th Amendment Document With Slavery In Philadelphia
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Multi-State
County:
Philadelphia
Control #:
US-000280
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Due process is designed to ensure fairness in the criminal justice system. Without due process, individuals could be detained and deprived of their freedom and life without just cause. If a criminal defendant is deprived of their civil rights, they can challenge the state on those grounds.
On June 16, 1866, the House Joint Resolution proposing the 14th Amendment to the Constitution was submitted to the states. On July 28, 1868, the 14th amendment was declared, in a certificate of the Secretary of State, ratified by the necessary 28 of the 37 States, and became part of the supreme law of the land.
Governmental actors violate due process when they frustrate the fairness of proceedings, such as when a prosecutor fails to disclose evidence to a criminal defendant that suggests they may be innocent of the crime, or when a judge is biased against a criminal defendant or a party in a civil action.
Without due process, individuals could be detained and deprived of their freedom and life without just cause. If a criminal defendant is deprived of their civil rights, they can challenge the state on those grounds.
The Fourteenth Amendment of the U.S. Constitution contains a number of important concepts, most famously state action, privileges or immunities, citizenship, due process, and equal protection—all of which are contained in Section One.
The Fourteenth Amendment was one of three amendments to the Constitution adopted after the Civil War to guarantee black rights. The Thirteenth Amendment abolished slavery, the Fourteenth granted citizenship to people once enslaved, and the Fifteenth guaranteed black men the right to vote.
Due process of law involves two types of processes: (a) procedural due process – Is the process fair? and (b) substantive due process - Does the government have the right to bring the action in the first place? In performing the LHO duties and responsibilities, you must be concerned with whether the process is fair.
Making room for these innovations, the Court has determined that due process requires, at a minimum: (1) notice; (2) an opportunity to be heard; and (3) an impartial tribunal.
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State ...
Ratified in 1868, three years after the abolishment of slavery, the 14th Amendment served a revolutionary purpose — to define African Americans as equal citizens under the law.