Discuss the meaning, history and importance of the constitutional concept of “Due Process” as contained in the Fifth and Fourteenth Amendments to the U.S. Constitution.
Research Paper (a.k.a. the Final Essay) for this class is an essay on Due Process. This Research Paper should be written using APA Style (but no cover page, no Abstract and single-spaced). Address the essay question succinctly and in a clearly organized manner. OBSERVE THE WORD LIMITS FOR THIS ASSIGNMENT: This Paper should be not less than 1800, not more than 2000)words, NOT including References. Use “Times New Roman” 12-point font and the paper must have a “References” page listing all sources used in the essay. Points will be deducted if you do not follow all these instructions. AGAIN: this Final Essay accounts for 30 points toward your grade in this class.
Specific Essay Question: Discuss the meaning, history and importance of the constitutional concept of “Due Process” as contained in the Fifth and Fourteenth Amendments to the U.S. Constitution. Include in this essay a reletively brief discussion analyzing the conflicting positions of Justice Hugo Black and Justice Felix Frankfurter with respect to the incorporation of American citizens’ rights under the Due Process Clause of the Fourteenth Amendment, and how these Justices’ positions helped develop the concept of Due Process.
You MUST use U.S. Supreme Court cases to support your positions and the points you make about Due Process in the essay – DO NOT WRITE ABOUT decisions made by any Court other than the U.S. Supreme Court.
Comments about the essay question: The uniquely American concept of Due Process was developed by specific members of the U.S. Supreme Court. You will find that the meaning of Due Process is entwined with the history of Due Process and that the history of Due Process is best understood by reference to Supreme Court cases. Due Process is a complex topic so it is important that you organize your essay in a way that it actually explains your understanding of Due Process rather than submitting an essay composed of generalities and platitudes. Sorry: the Instructor for this course will not read and/or correct a “draft” or an outline of your essay. Also Note: this essay should NOT discuss or even mention the “Due Process Model or the “Crime Control Model.”
THE EXCELLENT MATERIAL ON DUE PROCESS AT SEVERAL POINTS THROUGHOUT THE ZALMAN TEXTBOOK IS YOUR STARTING POINT FOR UNDERSTANDING DUE PROCESS. THAT MATERIAL AND YOUR FURTHER RESEARCH WILL LEAD YOU TO THE CASES YOU NEED TO DISCUSS IN THE ESSAY. THERE IS ALSO SOME GENERAL MATERIAL ON DUE PROCESS UNDER “COURSE DOCUMENTS.”