Habeas Relief Due Process

Habeas Relief Due Process

Habeas Relief and Due Process


Criminal laws are an Article III case and controversy. Justice Barrett 3rd day confirmation hearing. https://www.ursm.us/article-iii/article-iii-courts/


23:20- 24:10



 The operation and effect of police power is the seizure of persons and effects, deprivation, taking of liberty and property. Threatened with prosecution is standing to challenge the constitutionality of criminal laws that threatened the seizure of person and effects and deprivation (taking) of constitutional rights to life, liberty, and property.



SCOTUS demeans liberty in the 14th amendment’s due process clause to the substance of liberty, liberty interests, victimless crimes. Washington v. Glucksberg 521 U.S. 702, 719 -721 (1997) Assisted Suicide




Government must present compelling reasons for criminal laws when their operation and effect is the seizure of person and deprivation of liberty.


Due process of law requires the threatened and actual use of police power in the deprivation of fundamental rights of life, liberty and property shall be reasonable and necessary.


Criminal laws are justified by compelling government interest, reasons.

Judicial review of criminal laws is strict scrutiny, not rational basis.

Criminal laws are an Article III case and controversy.


Due Process of Law


1. Procedural Due Process

        SCOTUS Rules of process, criminal and civil of procedures.


2. Substantive due process

Substance of criminal laws. Threats to public health and safety, the rights of others.


Substance of liberty. Unenumerated rights, a liberty interest historical and traditional to be fundamental, majority rules.


Substance of liberty is political due process of law.


        What is historical in the meaning of liberty is freedom from physical restraint, government custody. SCOTUS has declared liberty means more than physical restraint a liberty interest to do this or that, to travel, that is crime


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Our Rights Their Betrayal