Due+Process+and+Property+Rights

=** Ben and Samhita **= =** Due Process in the 5th and 14th Amendments (include difference between procedural and substantive due process) **= =** Procedural due process is outlined in the 5th amendment, where the government is prohibited from taking away the rights and liberties guaranteed by due process. It is the way of which the government can take away the rights under the limitations of due process. It is held by civil and criminal proceedings ** =


 * Substantive due process focuses on government staying away from the rights and liberties of people. In this type of due process, the government is absent, whereas in procedural, the government may take approved action. **

** 5th Amendment and Due Process **
===** Like the Due Process clause in the 14th Amendment, the due process clause in the 5th Amendment has roots in England’s Magna Carta and protects citizens from unjust action by the government. It says that no legal action can be taken against a person without reason, or “due process of law”. An individual cannot be convicted of a crime, held, or punished for a crime without trial by a Grand Jury. Furthermore, an individual does not have to testify without their consent, and will not be deprived of property without due compensation. **===


 * Due process in the 5th Amendment tends to reflect procedural due process, i.e. the rights to proper procedure in relations with government. **

** 14th Amendment and Due Process **
===** The 14th Amendment explains the due process clause: people can not be deprived of life, liberty or property by the federal or state governments without the due process of law. The 14th amendment stresses equal protection against abuse of guaranteed liberties (useful during modern civil rights movements). This part of the 14th amendment was applied during the GITLOW vs. NEW YORK case, when the court enforced freedom of speech and press as a basic liberty even though Gitlow broke sedition acts in New York for passing out pamphlets that advocated overthrowing government. **===

** Property Rights: Eminent Domain **
===** Eminent domain comes from the Takings Clause of the 5th Amendment. It is the ability of government to seize property of citizens without their consent, usually for public use (highways, economic development). The citizen is given due monetary compensation (usually market value of property). **===

** Kelo v New London, CT (2005) and its new application of Eminent Domain **
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 * This case concerned the City of New London and Susette Kelo. The City of New London used eminent domain to seize Kelo’s property, then selling it to another private investor. This investor promised a construction project that would provide additional jobs and economic development to the community. When Kelo sued, the case eventually came to the Supreme Court. The Court ruled in favor of the City of New London in a 5-4 decision, arguing that the benefits to the community from the building project outweighed Kelo’s personal losses. In siding with the City, the Court limited Fifth Amendment rights, emphasizing the government’s power of eminent domain. **