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Due process is the legal requirement that the state must respect all of the legal rights that are owed to a person. Due process balances the power of law of the land and protects individual persons from it. When a government harms a person without following the exact course of the law, this constitutes a due-process violation, which offends against the rule of law.

Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process), so that judges - instead of legislators - may define and guarantee fundamental fairness, justice, and liberty. This interpretation has proven controversial, and is analogous to the concepts of natural justice, and procedural justice used in various other jurisdictions. This interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically.

Due process is not used in contemporary English law, though two similar concepts are natural justice (which generally applies only to decisions of administrative agencies and some types of private bodies like trade unions) and the British constitutional concept of the rule of law as articulated by A. V. Dicey and others.^[1] However, neither concept lines up perfectly with the American theory of due process, which, as explained below, presently contains many implied rights not found in the ancient or modern concepts of due process in England.^[2]

Due process developed from clause 39 of the Magna Carta in England. When English and American law gradually diverged, due process was not upheld in England, but did become incorporated in the Constitution of the United States.

By jurisdiction[link]

England[link]

Magna Carta[link]

In clause 39 of the Magna Carta, John of England promised as follows: "No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land."^[3] Magna Carta itself immediately became part of the "law of the land", and Clause 61 of that charter authorized an elected body of twenty-five barons to determine by majority vote what redress the King must provide when the King offends "in any respect against any man."^[3] Thus, Magna Carta established the rule of law in England by not only requiring the monarchy to obey the law of the land, but also limiting how the monarchy could change the law of the land. It should be noted, however, that in the thirteenth century these provisions may have been referring only to the rights of landowners, and not to ordinary peasantry or villagers.^[4]

Shorter versions of Magna Carta were subsequently issued by British monarchs, and Clause 39 of Magna Carta was renumbered "29."^[5] The phrase due process of law first appeared in a statutory rendition of Magna Carta in A.D. 1354 during the reign of Edward III of England, as follows: "No man of what state or condition he be, shall be put out of his lands or tenements nor taken, nor disinherited, nor put to death, without he be brought to answer by due process of law."^[6]

In 1608, the English jurist Edward Coke wrote a treatise in which he discussed the meaning of Magna Carta. Coke explained that no man shall be deprived but by legem terrae, the law of the land, "that is, by the common law, statute law, or custom of England.... (that is, to speak it once and for all) by the due course, and process of law.."^[7]

Both the clause in Magna Carta and the later statute of 1354 were again explained in 1704 (during the reign of Queen Anne) by the Queen's Bench, in the case of Regina v. Paty.^[8] In that case, the House of Commons had deprived John Paty and certain other citizens of the right to vote in an election, and had committed them to Newgate Prison merely for the offense of pursuing a legal action in the courts.^[9] The Queen's Bench, in an opinion by Justice Powys, explained the meaning of "due process of law" as follows:

[I]t is objected, that by Mag. Chart. c. 29, no man ought to be taken or imprisoned, but by the law of the land. But to this I answer, that lex terrae is not confined to the common law, but takes in all the other laws, which are in force in this realm; as the civil and canon law.... By the 28 Ed. 3, c. 3, there the words lex terrae, which are used in Mag. Char. are explained by the words, due process of law; and the meaning of the statute is, that all commitments must be by a legal authority.^[8]

Chief Justice Holt dissented in this case, because he believed that the commitment had not in fact been by a legal authority. The House of Commons had purported to legislate unilaterally, without approval of the House of Lords, ostensibly to regulate the election of its members.^[10] Although the Queen's Bench held that the House of Commons had not infringed or overturned due process, John Paty was ultimately freed by Queen Anne when she prorogued Parliament.

English law and American law diverge[link]

Throughout centuries of British history, many laws and treatises asserted various requirements as being part of "due process" or included in the "law of the land". This view usually held in regards to what was required by existing law, rather than what was intrinsically required by due process itself. As the U.S. Supreme Court has explained, a due process requirement in Britain was not "essential to the idea of due process of law in the prosecution and punishment of crimes, but was only mentioned as an example and illustration of due process of law as it actually existed in cases in which it was customarily used."^[11]

Ultimately, the scattered references to "due process of law" in English law did not limit the power of the government; about this, American law professor John Orth wrote that "the great phrases failed to retain their vitality."^[12] Orth points out that this is generally attributed to the rise of the doctrine of parliamentary supremacy in the United Kingdom, which was accompanied by hostility towards judicial review as an undemocratic foreign invention.^[13]

Scholars have occasionally interpreted Lord Coke's ruling in Dr. Bonham's Case as implying the possibility of judicial review, but by the 1870s, Lord Campbell was dismissing judicial review as "a foolish doctrine alleged to have been laid down extra-judicially in Dr. Bonham's Case..., a conundrum [that] ought to have been laughed at."^[14] Lacking the power of judicial review, English courts possessed no means by which to declare government statutes or acts invalid as a violation of due process. As a consequence, English law and American law diverged, with American legislators possessing no means by which to declare judicial invalidation of statutes incorrect (with the sole exception of proposing a constitutional amendment, which is rarely successful). In 1977, an English political science professor explained the present situation in England for the benefit of American lawyers:

Two similar concepts in contemporary English law are natural justice (which generally applies only to decisions of administrative agencies and some types of private bodies like trade unions) and the British constitutional concept of the rule of law as articulated by A. V. Dicey and others.^[1] However, neither concept lines up perfectly with the American conception of due process, which presently contains many implied rights not found in the ancient or modern concepts of due process in England.^[2]

United States[link]

The Fifth and Fourteenth Amendments to the United States Constitution each contain a Due Process Clause. The Supreme Court of the United States interprets the Clauses as providing four protections: procedural due process (in civil and criminal proceedings), substantive due process, a prohibition against vague laws, and as the vehicle for the incorporation of the Bill of Rights.

Others[link]

Various countries recognize some form of due process under customary international law. Although the specifics are often unclear, most nations agree that they should guarantee foreign visitors a basic minimum level of justice and fairness. Some nations have argued that they are bound to grant no more rights to aliens than they do to their own citizens—the doctrine of national treatment—which also means that both would be vulnerable to the same deprivations by the government. With the growth of international human rights law and the frequent use of treaties to govern treatment of foreign nationals abroad, the distinction in practice between these two perspectives may be disappearing.

See also[link]

Notes[link]

Further reading[link]

• Goldberg v. Kelly
• "U.S. Constitution: Fifth Amendment". Findlaw. http://conlaw.usatoday.findlaw.com/constitution/amendment05/index.html. 
• Bernstein, David (2011). Rehabilitating Lochner: Defending Individual Rights against Progressive Reform. Chapter 1. Chicago: University of Chicago Press. ISBN 0-307-26313-4. 
• Breyer, Stephen (2005). Active Liberty: Interpreting Our Democratic Constitution. New York: Knopf. ISBN 0-307-26313-4. 
• Friendly, Henry J. (1975). "Some Kind of Hearing". University of Pennsylvania Law Review (University of Pennsylvania Law Review, Vol. 123, No. 6) 123 (6): 1267–1317. DOI:10.2307/3311426. JSTOR 3311426. 
• Hawkins, Brian (2006). "The Glucksberg Renaissance: Substantive Due Process since Lawrence v. Texas". Michigan Law Review 105 (2): 409. http://students.law.umich.edu/mlr/archive/105/2/hawkins.pdf. 
• Hyman, Andrew (2005). "The Little Word ‘Due’". Akron Law Review 38: 1. http://www.andrewhyman.com/due.html. 
• Kadish, Sanford H. (1957). "Methodology and Criteria in Due Process Adjudication—A Survey and Criticism". Yale Law Journal 66 (3): 319–363. JSTOR 793970. 
• Madison, P. A. (2008). "A Dummies Guide to Understanding the Fourteenth Amendment". FederalistBlog.us. http://federalistblog.us/mt/articles/14th_dummy_guide.htm. 
• Nowak, John; Rotunda, Ronald (2000). Constitutional Law. West. 
• Ring, Kevin (2004). Scalia Dissents: Writings of the Supreme Court's Wittiest, Most Outspoken Justice. Washington: Regnery. ISBN 0-89526-053-0. 
• Shipley, David E. Due Process Rights Before EU Agencies: The Rights of Defense Article discussing the procedural safeguards that have been recognized in the EU and the parallels between procedural due process in the United States and the rights of defense in the EU.
• Sudbury Valley School (1970). Due Process of Law in School. A school where order and discipline is achieved by a dual approach based on a free and democratic framework: a combination of popularly-based authority, when rules and regulations are made by the community as a whole, fairly and democratically passed by the entire school community, supervised by a good judicial system for enforcing these laws—due process of law—and developing internal discipline in the members of the community by enhancing their ability to bear responsibility and self-sufficiency.
• Yoshino, Kenji (2006-01-15). "The Pressure to Cover: The New Civil Rights". The New York Times Magazine. http://www.nytimes.com/2006/01/15/magazine/15gays.html. Retrieved 2010-05-01.  Discussing potential of liberty rights to overtake equality rights.

External links[link]

Look up due process in Wiktionary, the free dictionary.

Wikiquote has a collection of quotations related to: Due process

The Rule
Background information
Origin	Minnesota, United States
Genres	pop, R&B, reggae
Labels	R, R, & R Records
Website	therulemusic.com
Members
Ryan Liestman Jeff Love Shawn Connelly
Past members
Gregory Washington

The Rule (formerly Ry and the Rule) is an American pop/R&B band, led by Ryan Liestman (keyboardist for the Jonas Brothers^[1]). The group released its first album, the self-titled The Rule in the summer of 2006, under the indie label R, R, & R Records. Michael Bland, Tommy Barbarella, and Stokley Williams have also performed with The Rule.^[2]

In the fall of 2006, The Rule toured the United States with American, Grammy Award-winning singer Cyndi Lauper.^[3]

Discography[link]

Albums[link]

• The Rule (2006)

Additional images[link]

• 

  The Rule in concert in the summer of 2006.

References[link]

first grad second grade third grade

External links[link]

• Official site
• The Rule on Myspace
• Earthquake Music Video
• Commercial for 2006 Cyndia Lauper Tour (special guest, The Rule)

This article on a United States band or other musical ensemble is a stub. You can help Wikipedia by expanding it. v t e

Tapper at the White House on July 22, 2009.

Jacob Paul "Jake" Tapper (born March 12, 1969) is an American print and television journalist, currently the senior White House correspondent for ABC News in Washington, D.C. He was named to that position the day after election day 2008, having covered then-senator Barack Obama's presidential campaign.

He last interviewed Obama in July 2009 in Moscow, in an interview where the president expressed confidence that his foreign policy approach was starting to work and said regarding the stimulus package, "there's nothing that we would have done differently."^[1] That January, Tapper had broken the story of the tax troubles of then-Health and Human Services secretary nominee and former Senate majority leader Tom Daschle (D-SD),^[2] troubles that ultimately derailed Daschle's nomination.

From March through July 2010, Tapper was interim anchor of ABC's This Week, hosting the program until Christiane Amanpour became This Week's anchor.

Life and career[link]

Tapper was born in New York City and was raised in Philadelphia, Pennsylvania. His mother, Anne Tapper, retired as a psychiatric nurse at Philadelphia Veterans Administration Medical Center. His father, Theodore S. "Ted" Tapper, a Dartmouth graduate, was a president of South Philadelphia Pediatrics, a group medical practice, and is an associate clinical professor of pediatrics at Jefferson Medical College, both in Philadelphia.^[3]

He attended Akiba Hebrew Academy and graduated Phi Beta Kappa and magna cum laude from Dartmouth College in 1991 with a B.A. in history modified by visual studies. He briefly attended graduate school at the University of Southern California School of Cinema-Television.^[4]

In 1992, Tapper was a campaign press secretary for Democratic congressional candidate Marjorie Margolies-Mezvinsky (PA-13) and later served as her congressional press secretary. ^[5]Tapper worked in public relations for Powell Tate, a Washington, D.C., public affairs firm run by Democrat Jody Powell and Republican Sheila Tate. He also worked briefly for Handgun Control Inc. (now the Brady Center to Prevent Gun Violence) in 1997. After writing many freelance stories, Tapper began his journalism career full time as a senior writer for the Washington City Paper from 1998 to 1999 and wrote about his experience going on a date with Monica Lewinsky in 1998 for that publication,^[6] in a story that skewered Washington's culture of scandal. He was the Washington correspondent for Salon.com from 1999 to 2002, where he was an early questioner of the Bush administration's claims, building upon prior claims made the Clinton administration, about Iraq having weapons of mass destruction.^[7] He has also contributed to GQ, The Weekly Standard, NPR's All Things Considered, The New York Times, and The Washington Post. In 2001 he hosted a TV show on CNN called Take Five in which young journalists and commentators discussed politics and pop culture. In 2002 he hosted a series of entertainment news specials on VH1 and in 2003 he hosted shows focused on independent film on the Sundance Channel. ABC News hired him in 2003. Tapper has been a frequent guest on the Imus in the Morning radio program.

He is the author of the books Down and Dirty: The Plot to Steal the Presidency on the 2000 Presidential election and Body Slam: The Jesse Ventura Story.

His comic strip Capitol Hell appeared in Roll Call from 1994 to 2003. He has also contributed cartoons to the American Spectator magazine, the Los Angeles Times, and The Philadelphia Inquirer. In 2006, he married Jennifer Marie Brown of St. Joseph, Missouri, who was a regional field manager in Washington, D.C. for Planned Parenthood Federation.

On July 6, 2009, former MSNBC television personality Dan Abrams launched a website service, Mediaite, reporting on media figures. The site ranks all TV-based journalists in America by influence. Tapper ranks, as of December 2010, at number one.^[8]

Tapper was considered one of the leading candidates to replace George Stephanopoulos as anchor of This Week. Stephanopoulos took over for Diane Sawyer, co-host of Good Morning America, when she assumed the role as anchor of World News.^[9] However, CNN's Christiane Amanpour was selected instead. Tapper served as the interim anchor until Amanpour took over the show on August 1, 2010.^[10]

Tapper has also appeared on the Judge John Hodgman podcast as guest bailiff, standing in for regular bailiff Jesse Thorn during the August 31, 2011 episode entitled "De Plane".

Personal Life[link]

Jake lives in Washington, D.C., with his wife, Jennifer and two children. The Tappers were married in 2006 in Jennifer's home state of Missouri.

References[link]

External links[link]

• ABC News biography
• Jake Tapper's blog -- Political Punch
• Jake Tapper on Twitter
• Jake Tapper's personal website -- lots of links to past stories from before ABC News
• Jake Tapper's Salon.com archives

Jay Carney
29th White House Press Secretary
Incumbent
Assumed office February 11, 2011
President	Barack Obama
Deputy	Jennifer Psaki
Preceded by	Robert Gibbs
Personal details
Born	James Carney (1965-05-22) May 22, 1965 (age 47) Washington, D.C., U.S.
Political party	Democratic Party
Spouse(s)	Claire Shipman
Children	2
Alma mater	Yale University
Profession	Journalist
Website	White House Briefing Room

James "Jay" Carney (born May 22, 1965) is President Barack Obama's second White House Press Secretary.^[1] Prior to his appointment as Press Secretary, replacing Robert Gibbs, he was director of communications to Vice President Joe Biden.^[2] Carney previously served as Washington Bureau Chief for Time magazine, a post he held from September 2005 until December 2008, and as a regular contributor in the "roundtable" segment of ABC News' This Week with George Stephanopoulos.

Personal life and education[link]

Carney was raised in Northern Virginia, attended high school at The Lawrenceville School in New Jersey,^[3] and earned a B.A. in Russian and Eastern European Studies from Yale University, graduating cum laude, in 1987.^[4] He and his wife, Claire Shipman (a senior correspondent for ABC News)^[4], live in Washington, D.C., with their son and daughter.

Journalism career[link]

After being hired as a reporter for The Miami Herald in 1987, Carney joined Time magazine as its Miami Bureau Chief in 1989. Carney worked as a correspondent in Time's Moscow Bureau for three years, covering the collapse of the U.S.S.R.. He came to Washington in 1993 to report on the Bill Clinton White House.^[4]

He has written and reported about the presidency of George W. Bush, and was one of a handful of reporters who were aboard Air Force One with President Bush on September 11, 2001.^[4] Carney later won the 2003 Gerald R. Ford Prize for Distinguished Reporting on the Presidency.

Carney was Time's Washington Bureau Deputy Chief from 2003 to 2005, and Chief from September 2005 until December 2008. He was assigned to the magazine’s Washington Bureau in that tenure while also being able to write about politics and national affairs. Carney has also worked for CNN (another TIME Warner division) as a special correspondent.

Carney was one of the early mainstream journalists to take up the medium of blogging.

Work in Obama administration[link]

Jay Carney (middle right) in a White House staff meeting in the Oval Office, May 11, 2011

On December 15, 2008, Carney went from the private sector to public service as Director of Communications to Vice President Joe Biden.^[2][5]

In January 2011, Carney was selected to become the Obama administration's second White House Press Secretary.^[1] He was named the successor to previous White House Press Secretary Robert Gibbs by White House Chief of Staff, William Daley.^[6][7] Carney was one of fourteen White House appointees announced by Daley on January 27.^[7]

He meets with the president daily, and can have four or five meetings a day to work on how to present ideas.

During a March 13, 2012, press briefing he revealed that his favorite band is Guided by Voices.^[8][9]

References[link]

External links[link]

• Jay Carney at WhoRunsGov at The Washington Post
• Appearances on C-SPAN
• Jay Carney on Charlie Rose

v t e White House Press Secretaries Akerson Joslin Early Daniels Ross Early Short Tubby Hagerty Salinger Reedy Moyers Christian Ziegler terHorst Nessen Powell Brady Speakes Fitzwater Myers McCurry Lockhart Siewert Fleischer McClellan Snow Perino Gibbs Carney

v t e Joe Biden's Office of the Vice President Position Appointee Position Appointee Chief of Staff to the Vice President Bruce Reed Chief of Staff to the Second Lady Catherine Russell Counsel to the Vice President Cynthia Hogan Director of Administration for the Office of the Vice President Moises Vela Counselor to the Vice President Mike Donilon Domestic Policy Adviser to the Vice President Terrell McSweeny Assistant to the Vice President for Intergovernmental Affairs and Public Liaison Evan Ryan Chief Economist and Economic Policy Adviser to the Vice President Jared Bernstein Assistant to the Vice President and Director of Communications Jay Carney Press Secretary to the Vice President Elizabeth Alexander Deputy Chief of Staff to the Vice President Alan Hoffman Deputy Press Secretary to the Vice President Annie Tomasini Deputy National Security Adviser to the Vice President Brian McKeon Director of Legislative Affairs Sudafi Henry Residence Manager and Social Secretary for the Vice President and Second Lady Carlos Elizondo Director of Communications for the Second Lady Courtney O’Donnell National Security Adviser to the Vice President Tony Blinken