Law as the Living Body

Published: 2021-06-29 06:40:34
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Category: Miscellaneous

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Laws are bodies of rules enacted by public officials. Laws are made to maintain and protect society. Without laws, society would be in total chaos. There are laws or rules that are written down and are suppose to be enforced, but that's not always the case. These laws are called Laws on books. Just because it is written down does not mean it is always enforced. How laws are enforced may depend on the characteristics of those who enforce it or those against whom it is enacted. These are laws in action. Because of the change in population new laws must be made to maintain control.
The Fifth Amendment and the Fourteenth Amendment have a lot of effect on our laws and Due Process. Now, due process does not have a straight forward definition. It is however one protection provided by the Fifth Amendment and is intended to provide us with protection from government infringement on our civil (legal) rights. It is one of the most powerful provisions of the U.S. Constitution. The Fifth Amendment states that "No person...Shall be deprived of life, liberty, or property without due process of law. The Fourteenth Amendment is almost the same in definition as the Fifth Amendment. The biggest difference is that "the Fourteenth Amendment explicitly refers to restraints on state government actions: ... nor shall any state deprive any person of life, liberty, or property without due process of law... (1868)" (After Arrest: Law, the Court, and Post-Arrest Procedures. p. 55)... "The concept of due process embodies the idea of fairness and protection of individual against the power of the state" (After Arrest: Law, the Court, and Post-Arrest Procedures. p.56). Since the attacks on September 11th 2001, the interpretation of due process has changed. After the 9/11 attacks many people who were detained on suspicion of terrorism without going through the normal proceedings. Not having a straight forward meaning of due process had caused plenty of controversy due to the attacks.

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