1. "The due process clause of the Fifth Amendment guarantees to each citizen the equal protection of the laws and prohibits a denial thereof by any Federal official."
See:
Bolling v. Sharpe, 327 U.S. 497.2. The preparation of petitions must never be considered the exclusive prerogative of the lawyer. Laymen--- in and out of prison--- should be allowed to act as "next friend" to any person in the preparation of any paper or document or claim, so long as he does not hold himself out as practicing law or as being a member of the Bar.
The cooperation and help of laymen, as well as of lawyers, is necessary if the right of reasonable access to the courts is to be available to the indigent among us.
Reasonable access to the courts is a right (secured by the Constitution and the laws of the United States), being guaranteed as against state action by the due process clause of the fourteenth amendment. Justice Douglas in
See:
Johnson v. Avery, Commissioner of Correction, et al., 393 U.S. 483, 498.3. "The due process guaranteed by this amendment means that there can be no proceeding against life, liberty, or property which may result in the observance of those general rules established in our system or Jurisprudence for the security of private rights."
See:
U.S v. Kuwzbzva, DC- CAL 56F supp 716.4. Due process of Law is secured against invasions by the Federal Government by this Amendment (5th) and is safeguarded against state actions in identical words per the Fourteenth Amendment.
See:
Bartlett Trust Co. v. Elliot, (DC-MO) 30F (2nd) 700.
Aff'd 40F (20) 351;
United States, ex rel. Holly v. Pennsylvania, (DC-PA) 81supp. 861 Aff'd 174F (20) 480.5. It is beyond the power of a State by legislation fiat to convert property used exclusively in the business of a private carrier into a public utility, or to make the owner a public carrier, for that would be taking private property for public use without just compensation which no State can do consistently with the due process of law clause of the 14th Amendment.
See:
Producers Transportation Co. v. RR Commission , 251 U.S. 228, 230;
Chas. Wolff Co. v. Industrial Court , 262 U.S. 522, 535;
Michigan Commission v. Duke, 266 U.S. 570, 578. - There should be no arbitrary deprivation of life or liberty, or arbitrary spoliation of property.
Barber v. Connolly, 113 U.S. 27, 31;
Yick Yo v. Hopkins, 118 U.S. 356.6. It is well established that a conviction under a criminal enactment which does not give adequate notice that the conduct charged is prohibited is violative of due process.
See:
Lanzetta v. New Jersey, 306 U.S. 451;
Connally v. General Construction Co., 255 U.S. 81.7. "The effect of the statute is to eliminate altogether the question of intent and this is a denial of due process of law."
See:
Calder v. Bull, 3 Dall 386;
Coffey v. Harlan County, 204 U.S. 659.
8. Law in it's regular course of administration through courts of justice is due process.
See:
Leeper v. Texas, 139, U.S. 462, II SUPC. 577, 35 L Ed 225.9. Due course of law: This phrase is synonymous with "Due Process of Law" or "Law of the Land" and means law in its regular course of administration through courts of justice.
See:
Kansas Pac. R.R. CO. v. Dunmeyer, 19 KAN 542.10. Amendment V of the constitution of the United States provides: "No person shall be deprived of life, liberty, or property without due process of law. A similar provision exists in all the state constitutions; the phrases "Due Course of Law," and the "Law of the Land" are sometimes used; but all three of these phrases have the same meaning and that applies conformity with the ancient and customary laws of the English people or laws indicated by parliament.
See:
Davidson v. New Orleans, 96 U.S. 97, 24, L Ed 616.11. The privileges and immunities of citizens of the United States, protected by the IV amendment, are those arising out of the nature and essential character of the federal government, and granted or secured by the Constitution; and due process of law and the equal protection of the laws are secured if the laws operate on all alike, and do not subject the individual to an arbitrary exercise of the powers of government.
See:
Duncan v. Missouri, 152, U.S. 382.12. It is said that these constitutional provisions do not mean the general body of the law as it was at the time the constitution took effect; but they refer to certain fundamental rights which the system of jurisprudence of which ours is derivative has always been recognized; if any of these are disregard in the processings by which a person is condemned to the loss of property, etc., then the deprivation has not been by due process of law. And it has been held that the state cannot deprive a person of his property without due process of law through a constitution convention anymore than it can through an act of the legislature.
See:
In Brown v. Levee Com'rs, 50 Miss 479.13. The essential elements of due process of law are notice and opportunity to defend;
See:
Simon v. Craft, 182, U.S. 427.14. Due process of law....
See:
Simon v. Craft, 182, U.S. 427, 436, 21 Sup Ct. 836, 45 L Ed 1165:
Louisville & N.R. Co., v. Schmodt, 177 U.S.,L 30 20 Sup Ct 620, 44 L Ed 747.15. The United States Supreme Court stated further that all rights and safeguards contained in the first eight amendments to the federal constitution are equally applicable in every state criminal action, "because denial of them would be a denial of due process of law."
See:
William Malloy v. Patrick J. Hogan, 378 U.S. 1.16. The right to travel is a part of the "liberty" of which the citizen cannot be deprived without due process of law under the Fifth Amendment. So much is conceded by the solicitor general. In Anglo Saxon law that right was emerging at least as early as Magna Carta.
See:
Kent v. Dulles, 357 U.S. 116,125.17. The meaning of the above words, is that no man shall be deprived of his property without being heard in his own defense.
See:
Kinney v. Beverly, 2 Hen. & M (VA) 318, 336.18. The adoption of the XIV Amendment Completed the circle of protection against violations of the provisions of Magna Carta, which guaranteed to the citizen his life, liberty, and property against interference except by the "Law of the land," which phrase was coupled in the petition of right with due process of law. The latter phrase was then used for the first time, but the two are generally treated as meaning the same. This security is provided as against the United States by the XIV and V Amendments, and against the states by the XIV Amendment.
See:
Davidson v. New Orleans, 96 U.S. 97.19. The due process guaranteed by this amendment means that there can be no proceeding against life, liberty, or property which may result in the observance of those general rules established in our system of Jurisprudence for the security of private Rights.
See:
United States v. Kuwzbzva, (DC-CAL) 56 F supp. 716.20. Due process of Law is secured against invasions by the Federal Government by this Amendment (5th) and is safeguarded against state actions in identical words per the Fourteenth Amendment.
See:
Bartlett Trust Co. v. Elliot, (DC-MO) 30F (2nd) 700. Aff'd 40F (20) 351;
United States, ex rel. Holly v. Pennsylvania, (DC-PA) 81supp. 861 Aff'd 174F (20) 480.21. The principle that no person should be deprived of life, liberty, or property except by due process of law did not originate in the American system of constitutional law, but was contained in the Magna Charta as a part of the ancient liberties. Chapter 39 of Magna Charta (sometimes referred to as Chapter 29), confirmed on the 19th day of June, 1215, declared;
"No freeman shall be taken, or imprisoned, or disseised, or outlawed, or exiled, or any wise destroyed; nor shall we go upon him, nor send upon him, but by lawful judgement of his peers or by the law of the land."It has even been said that the principle was known before Magna Charta and that it was originally designed to secure the subject against arbitrary action of the crown, and to place him under the protection of the law. It is settled beyond question that this principle came from England to America as part of the common law and has been a fundamental rule in common law. When first adopted in Magna Charta, the phrase, "law of the land," had reference to the common and statute law then existing in England; and when embodied in constitutions in this country, it referred to the same common law as previously modified, and as far as suited to the wants and condition of the people.
See:
16 Am. Jur. 2d, Constitutional Law, Section 543.22. The effect of the guaranty is to inhibit the taking of one person's property and giving it to another, contrary to settled usages and modes of procedure, without notice and opportunity for a hearing. An attempt by statute to work such a change of ownership would be a glaring violation of this guaranty and could not be defended as an exercise of the police power. (Due Process)
See:
16 Am Jur. 2d, Constitutional Law, Section 544.23. The due process guaranty bars congress from enactments that "shock the sense of fair play."
See:
Calvin v. Press, 347 U.S. 522.24. The guaranty of due process reflects traditional notions of justice.
See:
Secretary of Agriculture v. Central Roig Refining Co., 338 U.S. 604.25. The due process guaranty assures that every one shall have his life, liberty, property, and immunities protected by the general rules characteristic of, basic to, and existing in, our society under our system of jurisprudence.
See:
State ex rel. Sweezer v. Green, 360 Mo. 1249; 232 SW 897.26. The words "due process of law" are intended to convey the same meaning as the words "by law of the land," in Magna Charta.
See:
Murray v. Hoboken Land Co., 59 U.S. (18 How) 272.27. An conspiracy is actionable under 42 USC 1985, when there has been an "actual denial of process." (due process, civil rights)
See:
Jennings v. Nester, 1954 CA 7 I11., F.2d, Cert. Den. 349 U.S. 958, 99 L. Ed. 1281, 75 S. Ct. 888.28. "Law of the land," "due process of law," and "due course of law" are synonymous.
See:
People v. Skinner, Cal, 110 P. 2d 41, 45;
Supply Company v. City of Dayton, 138 Ohio St. 540, 38 N.E. 2d 70, 72, 137 A.L.R. 1058;
Stoner v. Higginson, 316 Pa. 481, 175 A. 527, 531.29. The term "due process of law," as used in the federal constitution, has been repeatedly declared to be the exact equivalent of the phrase "law of the land" as used in the Magna Charta.
See:
16 Am. Jur. 2d 547;30. Due process of law was intended "as a safeguard against the encroachment upon these inherent rights of the people by congress or the state legislatures." Justice Dickerson in:
See:
State v. Doherty, 60 Me. 504, 509 (1872).31. An Illinois case points out that a law or procedure is due process of law only when, "they do not conflict with the fundamental principles of liberty and justice which lie at the base of all civil and political institutions."
See:
Bute v. Illinois, 333 U.S. 640, 92 L. Ed. 986, 68 S. Ct. 763.32. Among the concepts regarded as belonging to due process of law, none has had more significant results than the identification with this phrase of the natural and inalienable rights philosophy which as developed in the revolutionary times, and was crystallized into a specific form in the Declaration of Independence and in the Bill of Rights of the State Constitution. Thus the law of the land was judicially construed to mean that no power was delegated to the legislature to invade the great natural rights of the individual, and where express limits were lacking, implied checks must be found to protect these natural rights.
See:
Haines, the Revival of Natural Laws Concepts, pp., 112-113.33. By the law of the land is most clearly intended the general law; a law which hears before it condemns, which proceeds upon inquiry, and renders judgement only after trial. The meaning is that every citizen shall hold his life, liberty, property, and immunities, under the protection of the general rules which govern society. Everything which may pass under the form of an enactment, is not, therefore, to be considered the "law of the land." (Law) (Due Process) Webster:
See:
Dartmouth College v. Woodward, 4 Wheat 518, 581 (1819).34. It has been said that due process of law must be understood to mean law in the regular course of administration through courts of justice according to those rules and forms which have been established for the protection of private rights.
See:
16 Am. Jur., 2d 546.35. The due process clause of Maine Constitution secures to every individual availability of process of common law.
See:
Thursby v. State, 223 A 2d 61. (If Maine, then all states.)36. "Only by due process of law may courts acquire jurisdiction over parties."
See:
Weiss v. Shapiro Candy Mfg. Co. Inc., 126 NJ L 71, 18 A. 2d 706, 707.37. "'Law of the land' ... and 'due process of law' are synonymous."
See:
Direct Plumbing Supply Co. v. City of Dayton, 138 Ohio St. 540; 38 N.E. 2d 70, 72; 137 A.L.E. 1058.38. "[D]ue process of law ... means ... that every citizen shall hold his life,liberty and property under the protection of the general law governs society, and, in the concrete, that in a contest concerning these rights he will be given the opportunity to contest the propriety of each step in the action sought to be taken against him."
See:
State v. Broaddus, 289 S.W. 792, 795, emphasis added;
City of St. Louis v. Missouri Pac. R.R. Co., 211 S.W. 671, 672.39. "The essential elements of due process of law are notice and opportunity to defend."
See:
Simon v. Croft, 182 U.S. 427.
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