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Learn to recognize when your due process rights are being violated

On Behalf of | Nov 4, 2021 | Constitutional Rights

The United States Constitution provides us with many rights that protect us in a variety of situations throughout our lives. One of the most important right that the Constitution grants us is the right to due process. This right protects us from judicial overreach, as well as from the government arbitrarily taking things from us. That is why it’s so important to recognize when the government is violating your due process rights, so that you can challenge it and vindicate your rights.

The Fourteenth Amendment

Under the Fourteenth Amendment to the Constitution, you have the right to challenge government limitations of your freedom in a court of law. Due process means the right to have your say and be heard in governmental matters that immediately affect you.

Even if you have committed a crime, the government cannot simply lock you in jail without giving you a chance to consult an attorney and prepare and present a defense on your behalf.

The extent of due process

Due process rights are not simply for criminal trials. These rights extend to any situation in which the government wants to take something from you.

For example, under certain circumstances, government employees might have a property interest in their job. This means that their employer cannot fire them at-will without giving them due process and a chance to dispute the decision to terminate their employment.

Due process also applies in eminent domain cases, where the government needs to take private property for a public project. Before they can take your property, they must give you the chance to challenge the taking and make your case for why it is improper.

It is critical for every citizen and resident of this country to understand the full extent of their constitutional rights, so that they can seek redress for violations of those rights and hold the government accountable for its actions according to the Constitution.