Significance to the United States, Essay Example

Due process, a concept that is at the very core of the United States’ criminal justice system, means that people need to be treated fairly—by individuals, groups, formal and informal organizations, the government and courts.  Since the birth of this nation, the law has provided rules and standards that dictate equal and fair treatment of its citizens.  Whenever there is an issue of personal or professional freedom or property at issue, due process is the method by which the matter can be determined and ruled upon, using laws and previous court decisions as a basis to decide the issue at hand.  The Constitution guarantees that people cannot be deprived of their basic rights to” life, liberty, or the pursuit of happiness” without due process being utilized to protect those guarantees.

Due process is the basis on which many court cases are appealed. For example, when the Supreme Court recently made a decision that allows corporations to be considered as “persons” who are entitled to make unlimited financial contributions to candidates for public office, it has unleashed a number of challenges to the ruling which will likely include the concept of due process as a basis for argument.  These challenges will most likely be made by political candidates, who will charge that their ability to run for, and achieve political office will be tainted by corporate money.  In response, corporations will likely argue that giving unlimited donations to candidates relates to the First Amendment guaranteeing free speech.  Both parties will need to utilize due process to settle each case as it arises.