With the resignation of Justice David Souter, President Obama has his first opportunity to fill a vacancy on the U. S. Supreme Court. Because justices are appointed for life, who he appoints may well ...

Due process safeguards citizens by enforcing fair governmental actions. Procedural due process ensures correct application of laws; substantive due process checks law constitutionality. Due process is ...

A search for the early development of substantive due process will reveal the Court’s landmark ruling in 1905, in Lochner v. New York. In Lochner, the Court declared the existence of the “liberty of ...

The Fifth Amendment of the US Constitution states in part, quote, No person shall be deprived of life, liberty, or property without due process of the law. One of the founding principles of the United ...

Editor's note: This is a regular feature on issues related to the Constitution and civics written by Paul G. Summers, retired judge and state attorney general. Legal treatises have been written about ...