The Short ConstitutionWade, Martin J. (Martin Joseph)
History
The Short Constitution
Wade, Martin J. (Martin Joseph)
United States. Constitution
_Due process of law_ may be defined as “according to the law of the
place in which the trial is held”. It means in this instance that no
person may be deprived of life, liberty, or property without the
right of judicial trial. _Due process of law_ does not necessarily
mean _jury trial_. If a jury trial is the legally recognized method
of trying such case, then jury trial is _due process_, but if trial
without a jury is legally provided for when permitted by the
Constitution, in that instance, _due process_ does not require jury
trial. For cases in which the right of trial by jury is guaranteed
see pages 111, 125, and 160.
“In a word, ‘due process of law’ to-day signifies ‘reasonable law’,
in which sense it bestows upon the courts, and especially upon the
Federal Courts, as final interpreter of the national constitution, a
practically undefined range of supervision over legislation both
state and national.”—_Cyclopedia of American Government_, Vol. I, p.
615.
“Due process of law, is law in its regular course of administration
through courts of justice.”—Story’s _Commentaries_, Vol. III, pp.
264, 661;—18 _Howard_ 272.
“Any legal proceeding enforced by public authority, whether
sanctioned by age or custom, or newly devised in the discretion of
the legislative power, in furtherance of the general public good,
which regards and preserves these principles of liberty and
justice.”—110 _U. S._ 516.
“Due process of law in each particular case means, such an exercise
of the powers of government as the settled maxims of the law permit
and sanction, and under such safeguards for the protection of the
individual rights as those maxims prescribe for the class of cases
to which the one in question belongs.”—Cooley’s _Constitutional
Limitations_, p. 441.
“This provision does not imply that all trials in state courts
affecting the property of persons must be by jury.” This depends to
some extent upon the constitution of the respective states, except
as limited by the United States Constitution.—92 _U. S._ 90.
65 Constitution of the United States, Amendment V.
Eminent domain means the right and authority of the government to
take private property for public purposes upon the payment of a just
compensation.
“The superior right existing in a sovereign government by which
private property may in certain cases be taken or its use controlled
for the public benefit, without regard to the wishes of the
owner.”—Bouvier’s _Law Dictionary_, Vol. I, p. 657.
Public-domain text, read in full here on John Shaqi.
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