EMERGENCE OF USA
FOUNDATION OF AMERICAN COLONIES
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Question
[CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
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A citizen’s life, liberty, or property cannot be taken away without due process of law
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Congress has the power to make all laws deemed necessary and proper to carry out its duties
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The president has the ability to appoint members of the executive cabinet and federal judges.
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Through the judicial process, the Supreme Court has the final say on what the Constitution means.
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Detailed explanation-1: -Maneka Gandhi vs. UOI, 1978: In this case, the SC overruled its judgment of the Gopalan Case by taking a wider interpretation of Article 21. It ruled that the right to life and personal liberty of a person can be deprived by law on the condition that the procedure prescribed by that law is reasonable, fair, and just.
Detailed explanation-2: -According to Article 21: “Protection of Life and Personal Liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law.” This fundamental right is available to every person, citizens and foreigners alike.
Detailed explanation-3: -Due process of law It means that a law passed by the Parliament would be valid if it had undergone the proper procedure. The due process of law theory examines not only whether an existing law takes away a person’s life and personal liberty but also examines whether the law is fair, just, and not arbitrary.
Detailed explanation-4: -Due Process of Law It means that a law that is duly enacted by the legislature or the body in question is valid if the procedure to establish it has been correctly followed. Due process of law checks whether any law in question is fair and not arbitrary.