The Short ConstitutionWade, Martin J. (Martin Joseph)
History
The Short Constitution
Wade, Martin J. (Martin Joseph)
United States. Constitution
Rights Protected By Due Process Of Law—Property Taken For Public Use
The three great things which every man, woman, and child cherishes are
life, liberty, and property. We see in every one of these guaranties how
careful the people who made the Constitution were to see that these
valuable things were sacredly guarded.
It is stated in the Constitution that:
“_No person shall ... be deprived of life, liberty, or property, without
due process of law._”(64)
You can understand how important this is if you will realize how in the
olden days people were so brutally treated by their fellowmen, especially
by those in power who happened to represent the government. Have you ever
read the story of the Bastile, a prison in which hundreds of French people
were thrown without a trial, in which many were murdered and many kept in
dark cells chained to the floor for years? Have you ever read the story of
the Tower in London, where men were imprisoned and murdered without a
trial by any court and without an investigation by any one, often without
the knowledge of their closest friends? Have you ever read about how the
property of people was taken away from them without trial or investigation
to be turned over to the king or to some of his friends? Until you have
read something of the past, and realize how people suffered, how they lost
their lives, their liberty, and their property, you will never realize the
wisdom of those who framed our Constitution, nor the affection which they
had for the people of America in protecting them against such horrible
treatment.
No person’s property can be taken, no person’s life can be taken, no
person’s liberty can be taken under our Constitution without due process
of law. We do not need to discuss the meaning of “due process of law”. You
will learn more about this later, as you study more fully the details of
the Constitution. It is sufficient now to say that no person’s life,
liberty, or property can be taken away from him without his consent,
except by a trial before a legal court, in which the person shall have the
right to a fair hearing. He must have notice of the charge or claim made
against him. He must have a chance to appear in person. He must have the
right to employ attorneys to represent him. He must have the privilege of
bringing in witnesses to tell the truth about the charges that may be
made. There must be a decision by the court after a speedy public trial.
In all the States of this country any one is entitled to such a trial, and
he is also, in case of defeat, entitled to appeal and present his case to
a different and a higher court. These courts are the courts of the people,
selected by the people, and neither government nor individuals have any
right to take away anyone’s life, liberty, or property unless the people
by and through their courts shall so find and do.
Public-domain text, read in full here on John Shaqi.
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