Due process Essay Example | Topics and Well Written Essays - 1250 words

Due process - Essay Example It is meant to provide a balance on the powers that are owned by the laws while providing protection to individuals. Various cases have been used in the understanding of this clause, in this essay a focus on the Plessy vs Ferguson and Brown vs Board of Education will provide more insight on the concept of Due Process. The concept of Due Process has a very long history that dates back in A.D 1354. Historical evidence indicates that the first time this phrase appeared was during the reign of Edward III of England as provided in a statutory rendition of the Magna Carta. English jurist Edward attempted the interpretation of the Magna carta, he established the modern thought of Due process. In the United States, the ratification of the Fifth Amendment done in 1791 provided for the Due Process. In addition, the Fourteenth Amendment was ratified in 1868 to provide a limit to the powers that are held by the state (Sunstein 1567). These laws have continued to evolve; usually attracting various interpretations from the Supreme Court. The Due Process provides checks and balances to the governments so that they do not violate the provisions of the Bill of Rights. The Due Process clause was extended from the federal government as provided in Amendment Five to include the state governments since it was seen to be an advocate for the Bill of Rights, this was achieved through a series of Supreme Court decisions. Due Process is so much inclined to the procedure in which justice is dispensed, this procedure should retain fairness and equality. This explains the provisions of the landmark ruling Brown vs Board of Education. The Due Process Clause has some generality, which has been used by judges in their decisions, especially on the Plessy vs Ferguson. When the government is obliged to follow fair procedures by the two amendments, there is lack of clarity on the aspect of fairness. For example, the judges in the Plessy vs

MIH 514 - Cross Cultural Health Perspectives (Mod 2 CBT) Essay

MIH 514 - Cross Cultural Health Perspectives (Mod 2 CBT) - Essay Example However, I feel this would do more harm than good. Although it is widely believed that English, being the most popular and frequently used language of most Americans and people of British origin, this by itself is not sufficient justification, by any stretch of imagination, to warrant an absolute and arbitrary enforcement to enforce this language on a member of a minority race, or a person with limited or no knowledge of this language. â€Å"Some employers impose restrictions against the use of a language other than English in their workplaces. Reasons given for the restrictions include: The use of a foreign language in a workplace is inappropriate; English has been made the official language of their state and safety and public relations require that only English be spoken.† (William, 1993, para.1). I believe that propagation of English language does not necessarily have to be made at the cost of denigrading other languages. Besides, placing any kind of imposition on the use or non-use of any language to propagate the usage of English, could be tantamount to Anglo mania, and needs to be unanimously condemned. The proposed rule is that they are going to vote on a policy that will require all employees to speak only English at all times in the work place. This is the culmination of events leading to increasing numbers of members of minority groups being hired by the organization and several complaints from employees and customers, which has caused a great deal of distress and anxieties to the majority members of the workforce. I am firmly of the view that an employment policy, or practice that applies to everyone, regardless of race, color, can be discriminatory, or illegal if any one of the following set of circumstances is envisaged: The United States Equal Employment Opportunity Commission, (EEOC) is committed to prevent any kind of discrimination in the workplace arising, inter alia, due to