POL 117a Lecture 7: Due Process of Law and Rights Lecture
11 Feb 2017
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Document Summary
The concern of rulemaking is that congress maintains its legislative role. Congress passes acts in order to satisfy constituents and get reelected. The schechter rule, according to justice hughes, says that congress makes the rules. In mistretta, scalia says that congress cannot make a junior varsity congress. In mistretta, blackmun says that agencies can be created to help enforce laws. Locke said that government is needed to settle conflicts, which are inevitable. These individual conflicts are matters of private rights (between 2 individuals). Over time, since the magna carta, the idea of due process of law emerges that a trial will be held to determine the truth, based on the facts, in order to settle the issue. The magna carta says that the law of the land must prevail, which is arguably due process of law, because government must follow the law. In criminal law, the accused has rights including an attorney, and protection from self-incrimination.
