Legal Question in Constitutional Law in New Jersey

The Supreme Court

The Supreme Court cannot broaden or narrow the scope of due process rights that are reflected in the U.S. Constitution.


Asked on 8/29/04, 2:41 pm

2 Answers from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: The Supreme Court

Not so. The U.S.Supreme Court is the sole interpreter of the Constitution, and over the years views of what constitutes 'due process' have varied in interpretation. The principle has had greater or lesser application depending in part upon the national mood.

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Answered on 8/29/04, 2:56 pm
Antoinette Wooten The Wooten Legal Consulting, PC

Re: The Supreme Court

Although the Supreme Court cannot narrow or broaden the scope of Due Process, keep in mind that the clause (Due Process) is very broad and, thus, can be used to deal with issues relating to fair trials, and hearings as well as other matters. Also keep in mind that the Court has yet, (with the exception of Hugo L. Black) to deal with the Privileges and Immunities Clause of the Fourteenth Amendment.

AMW

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Answered on 8/29/04, 10:53 pm


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