Due process is basically a legal requirement that no citizen be deprived of their legal rights without proper application of the law. In other words, under due process, a person cannot have their property seized or be put in jail without first going through the legal system to determine if they are guilty of the crime they’ve been accused of and determining what punishment should be applied. Due process of the law is an important part of the American legal system and in other countries as well.
Due process of law is a constitutional guarantee that prevents governments from impacting citizens in an abusive way. In its modern form, due process includes both procedural standards that courts must uphold in order to protect peoples’ personal liberty and a range of liberty interests that statutes and regulations must not infringe. It traces its origins to Chapter 39 of King John’s Magna Carta, which provides that no freeman will be seized, dispossessed of his property, or harmed except “by the law of the land,” an expression that referred to customary practices of the court. The phrase “due process of law” first appeared as a substitute for Magna Carta’s “the law of the land” in a 1354 statute of King Edward III that restated Magna Carta’s guarantee of the liberty of the subject.
The Fifth and Fourteenth Amendments to the Constitution, which guarantee that no person shall “be deprived of life, liberty, or property, without due process of law,” incorporated the model of the rule of law that English and American lawyers associated most closely with Magna Carta for centuries. Under this model, strict adherence to regular procedures was the most important safeguard against tyranny. Over time, courts in the United States have ruled that due process also limits legislation and protects certain areas of individual liberty from regulation.
Figure: Due Process Statute in Statuta Nova, 1 Ed. III to 21 Richard II, 1354. Bound manuscript on vellum, fifteenth century. Law Library, Library of Congress (011)
During the rule of King Edward III (reigned 1327–1377), Parliament enacted six statutes to clarify the meaning and scope of the liberties that Magna Carta guarantees. The statutes interpreted the expression “the law of the land,” which appears in Chapter 29, as the judicial procedures that protect a subject’s liberties. One of the laws, enacted in 1354, introduced the term “due process of law”—the first appearance of that phrase in Anglo-American law—to describe Magna Carta’s procedural guarantees. The Fifth Amendment to the U.S. Constitution evokes this language in its Due Process Clause.
Figure: John Armor Bingham (1815–1900). Photographic portrait of John Bingham, between 1860 and 1875. Reproduction. Prints and Photographs Division, Library of Congress (036)
The Fourteenth Amendment to the Constitution was ratified on July 9, 1868, and granted citizenship to “all persons born or naturalized in the United States,” which included former slaves recently freed. In addition, it prohibited states from denying any person “life, liberty or property, without due process of law” or denying “any person within its jurisdiction the equal protection of the laws.” Serving on the Joint Committee on Reconstruction, Ohio Representative John Armor Bingham was the sponsor and principal framer of the Fourteenth Amendment.
A private attorney, Mr. Jonathan Bernstein who along with the district attorney, state insurance board, and the court has violated the due process of the law by producing fake summons and complaints and without proper enforcement of the law. The summons and complaints produced by Mr. Bernstein enforcing a scheme under the Fair Labor Standard Act-1938, section 29 U.S.C. 216 (b) that section only can use by the department of labor and the IRS through enforcing the social security benefit. However, prior to enforcing section 216 (b), the IRS or the department of labor must identify the violation of sections 206, 207, and 255 (a) against the employer by conducting audits that would lead the DOL and IRS to circulate the findings to all the employees that were denied benefits from the employer under the section of the United States Labor Code, ERISA. Therefore, Mr. Bernstein who acted as a DOL and produced fake summons and complaints led to the violation of the due process of the law of the employer Harry’s Nurses Registry Inc and its corporation officer Mr. Harry Dorvilier.
