How did the expansion of the bill of rights change due process?

The expansion of the Bill of Rights changed due process into substantive due process, including broad protection to property rights.

The Bill of Rights serves as an essential protection for individuals from the undue oppressions of the government. Originally, the Bill of Rights only applied to the federal government, not state governments. But it was gradually incorporated to state government through the process of incorporation. This “incorporation” is used to legally allow the gradual application of the Bill of Rights to protect everyone from the federal as well as the state government.

The constitutional guarantee of due process of law is found in the Fifth Amendment and Fourteenth Amendment to the U.S. Constitution.

The Due Process Clause of the Fifth Amendment says to the federal government that no one shall be "deprived of life, liberty or property without due process of law."

The Due Process Clause of the Fourteenth Amendment has also been interpreted by the U.S. Supreme to incorporate protections of the Bill of Rights, so that those protections apply to both state and federal government.

In the news, Senator Dianne Feinstein feels that Americans have become indifferent over the destruction of the Bill of Rights and actions which some consider infringements upon the Fourth Amendment. Read more at The Inquisitr.

Tag: due process 

Monday, January 27 2014