Page 170 - Due Process Clause News Today

Collar defendants off the hook but stronger mens rea requirements work in the criminal justice system. youve written about the importance of mens rea requirements including in cases of like an armed robberer. why in your view are mens rea requirements are so important? mens rea requirements are so important because, senator, under the due process clause and the precedence of the supreme court it is not right to -- its an elemental due process. its as elementary as he said as the school childs, i...

Didnt equate to abortion. the supreme court said it did. heres the point. what are the limits on this concept? you had five, six, seven, eight or nine judges. what are the limits on the ability of the court to find a number of rights that apply to a particular situation? what are the checks and balances of people in your business if you can find five people who agree with you to confer a right with the public likes it or not based on this concept of a number of rights. what are the outer limits ...

Thats all they said to her. your son is in chicago. >> what a lawsuit contend about why they do not have the power to do this? its morally odious. its obviously despicable. why is it not permissive? >> we say a due process clause, what thats traditionally meant is you separate if the parent is neglecting the child. now the government wont in court admit theyre doing it to punish to deter, so theyre coming up -- >> really, theyre not being clear about that? >> no. so theyre coming up with these r...

Half by i.c.e. and he and about a thousand other people are a victim of the policy. for the purpose of deterring people from applying for seekin. so yesterday, a federal court in our case blocked this policy saying that the trump administration practice actually violates their own state policy. in addition, what well show in the lawsuit is that it violates the due process clause in the constitution. >> this is key. this is a single individual. weve been talking about families. this is a single m...

And he and about a thousand other people are a victim of the policy. for the purpose of deterring people from applying for asylum in the united states. so yesterday, a federal court in our case blocked this policy saying that the trump administration practice actually violates their own state policy. in addition, what well show in the lawsuit is that it violates the due process clause in the constitution. >> this is key. this is a single individual. weve been talking about families. this is a si...

A loss in row vs. weighed wiade concern a lot of people. >> thats right. it was a decision that upheld our constitutional right to liberty and to privacy, and also, i would add, to womens equality. their ability to equally participate in society. so those principles upheld by the due process clause in the equal protection clause are important for peoples rights in many arenas apart from abortion. id also like to add to what jennifer ruben said about the importance of getting out to vote, and the...

Do they have the same rights as in a criminal trial where you get a jury and a lawyer and a -- no. but there are due process protections, even at the border. the prosiecise contours of thos have never been defined under all circumstances. its clear theres a requirement immigrants be treated with due process of law. >> the 2001 decision in the supreme court said, once an alien enters the country, the legal circumstance changes for the due process clause applies to all persons within the unit, inc...

Joining me now cnn contributor and law professor steve vladik. nice to have you here. steve, welcome back. congratulations on the birth of your daughter. >> thanks. great to be with you. >> good to have you here. i want your response to something the president has said over and over again. he just tweeted that hiring thousands of judges and going through a long complicated legal process will not work. this is after over the weekend he essentially said something or did say something the sclu call...

The air force, i actually worked on this issue, what rights do people have once they come on u.s. soil? the due process clause of the 14th amendment attaches to all persons, not just u.s. citizens. so what donald trump tweeted today is just flat-out unconstitutional. its another example of him trying to violate the laws and not adhere to the rule of law in the united states. >> when you do look at that, since you did look at that as a j.a.g. and the very topic, itself, what was the counterargume...

Chicago and she said to us, i dont know whether chicago is a man, a place, a facility, thats all they said to her. your son is in chicago. >> what does a lawsuit contend why they dont have the power to do this? its morally odious and obviously despicable. im sorry, im editorializing. why is it not permissible. >> we say the due process clause prevents a parent and child from being separated unless theres a compelling reason, that the parent is a danger to the child. of course, if the parent is b...