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Question
12 as referenced in the excerpts, what is the best definition of the phrase due process of law? (a) a the phrase means the jurisdiction of court cases involving property conflicts must be heard originally in state courts b the phrase means court cases involving the death penalty must be originally heard within the federal courts jurisdiction c the phrase defines the specific methods that any person born or naturalized in the united states must complete to gain full citizenship rights d the phrase means each level, branch, and segment of american government must function according to the laws prescribed and provide impartial actions to those interacting with governme (b) the phrase due process of law appears in both excerpts from the amendments to the united states constitution. why is the phrase from the 5th amendment repeated in the 14th amendment? a the 5th amendment provides procedural due process, whereas, the 14th amendment provides substantive due process b the 5th amendment and the 14th amendment both include the phrase to ensure courts are aware of the legal significance of the doctrine c the 5th amendment provides due process protections from the national government, and the 14th amendment extends those protections from actions of states government, as well d the 5th amendment provides due process protections to only citizens of the united states, and the 14th amendment extends those protections to only residents of the united states
- For (a):
- Due process of law is about the government (all its levels, branches, segments) acting according to law and impartially. Option A wrongly focuses on property - court jurisdiction. Option B is incorrect as it wrongly ties death - penalty court jurisdiction. Option C is about citizenship rights, not due process. Option D correctly reflects the concept of due process as a principle governing government action.
- For (b):
- The 5th Amendment's due - process clause was originally for the federal government. The 14th Amendment was passed after the Civil War to ensure that states also had to follow due - process requirements (extending the protection from the national to state governments). Option A's distinction between procedural and substantive is not the reason for repetition. Option B is too simplistic about court awareness. Option D's statement about citizens vs. residents is incorrect as both amendments apply to a broader range of people under their jurisdiction.
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- (a) D. The phrase means each level, branch, and segment of American government must function according to the laws prescribed and provide impartial actions to those interacting with government.
- (b) C. The 5th Amendment provides due process protections from the national government, and the 14th Amendment extends those protections from actions of states governments as well.