This essay Due Process has a total of 464 words and 2 pages.
The importance of the Supreme Court's reinterpretation of the due process concept.
Before we really dive into this, I think it?s important to know what the term ?due process? is. Due process is the principle that the government must respect all of the legal rights that are owed to a person according to the law. With this, the judges (not legislators) may define and guarantee fairness, justice, and liberty. The Supreme Court?s reinterpretation of the due process clause led to an ?explosive situation.? This is because the court had put itself above elected officials in which we will get to.
?Between 1860 and 1900 no birth was more notable than that of the modern industrial corporation. It quickly came to dominate Americans? lives by determining what they possessed, where they worked, and, in general, by producing everything they needed form their baby food to their tombstones.? Right around the time of the civil war, a select few smart businessmen who owned private corporations including: Gustavus F. Swift (meat), Gail Borden (dairy and groceries), and Andrew Carnegie (railways and steel) got their start by supplying the two sides getting ready for a war. These men supplied the ?mammoth? armies of the North and South. You could hardly blame Carnegie for becoming the steel and railroad tycoon in which he became. ?Congress simply gave away tremendous amounts of land and mineral resources to corporations that were building the transcontinental railway (completed in 1869) and other transportation systems.
Some issues begin be become apparent with the formation of monopolies. ?The lone American entrepreneur who made a fortune by competing in an open marketplace was becoming a rare phenomenon.? When state or national legislatures tried to control corporations, they were usually stopped by the courts. Before the 1880s, due process referred to procedure. For example, ?the Constitution?s Fifth Amendment provides that no person can be deprived of life, liberty, or property, without due process of law; that is, be subjected to arbitrary arrest, unlawful forfeiture of property, and the like.?
?By the 1890s, corporate and national interests were viewed as much the same thing.? One business journal declared in 1895, ?the government is the servant of the people.? In 1850, the laws had shaped the corporation, but by 1900 the corporation shaped many of the laws.
The Supreme Court is there to protect and ensure Americans. They are given the power of deciding what is constitutional and what is not. Congress established such laws like the Interstate Commerce Commission (ICC) and the Sherman Antitrust Act, which virtually had no effect. ?Americans, who have always professed reverence for both efficiency and competition, found by the 1890s that they could not always have both. With the aid of the Supreme Court they chose efficiency.?
Topics Related to Due Process
Corporate law, Due Process Clause, Fifth Amendment to the United States Constitution, Fourteenth Amendment to the United States Constitution, Andrew Carnegie, Competition law, Legal personality, Corporation, Supreme Court of the United States, Monopoly, Corporate personhood, gail borden, national legislatures, due process clause, american entrepreneur, transcontinental railway, rare phenomenon, andrew carnegie, open marketplace, private corporations, railroad tycoon, explosive situation, fifth amendment, gustavus, 1880s, baby food, mineral resources, life liberty, proce, monopolies, tombstones
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