Due Process in Law

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Due Process

Jurisdictional Issues

Colette Standley

Legal Method and Process


May 24, 2011

Jurisdictional Issues

The Patient Protection and Affordable Care Act was signed into law on March 23, 2011. After it was signed into law Joe Public filed a lawsuit against the U.S. Department of Health and Human Services and the U.S. Department of Labor. This civil case will be tried in the federal district court of the state in which the lawsuit originated from. Joe Public, who lost his administrative appeals, alleged the Health Care Reform law was unconstitutional and the procedural due process and equal protection was violated. The reason Joe Public believes it was unconstitutional because of the 5th and 14 amendment were violated when he lost the administrative appeal. The plaintiffs ( Job Public) in this case have the right to have legal proceedings under Due Process and the amendments. They also have the right to have their case heard in a federal district court because of federal jurisdiction.

5th and 14th Amendment of the U.S. Constitution

The U.S. Constitution of the 5th amendment states, “No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment of indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger. Nor shall any person be subject for the same offence to be twice pub in jeopardy of life or limb. Nor shall be compelled in any criminal case to be a witness against himself or be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation (U.S. Constitution).”

The Fifth Amendment “can be asserted in any proceeding, civil or criminal, administrative or adjudicatory. It protects against any disclosures which...