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J. Layne Smith, Ask Judge Smith Published 1:53 p.m. ET June 13, 2020

Judge J. Layne Smith(Photo: Judge J. Layne Smith)

The British Navy deprived Americans of their liberty by kidnapping them, placing them on British ships, and forcing them to serve the Crown or walk the plank. The British Army deprived Americans of their property by occupying their homes and eating their food without permission or compensation. These abuses served as catalysts for the Third Amendment, regarding the quartering of soldiers, and the Fifth Amendment, regarding of due process of law.

Q. Judge Smith, what is due process of law? Jules

A. Jules, a fundamental difference between the United States and other nations is our adherence to the rule of law and due process of law. Its not exaggerating to suggest we owe our many freedoms and national development to these twin pillars of the law.

The rule of law is a simple concept. The laws enacted by Congress and the state legislature apply to everyone, and no one is above or below the law. Now, lets focus on due process of law.

The original 13 colonies were founded by people who immigrated here in search of opportunity and religious freedom, and to escape over-reaching by the government. Agriculture dominated the economies of the colonies, so consider how much nerve, blind faith, and work ethic it took to establish homes, plant and harvest crops, and survive in the wilderness with no safety net.

Given these immense challenges, the people expected the government to protect their property interests rather than confiscating them. Likewise, the people expected to live free from undue government interference with their lives and liberty. Our guarantee that the government fulfills these expectations is due process of law.

Due process of law is so important that its the only substantive phrase repeated in the U.S. Constitution. The Fifth and Fourteenth Amendments, respectively, prohibit the federal government and state governments from depriving any person of life, liberty, or property, without due process of law. In this context, life involves death penalty cases, liberty involves involuntary confinements, and property involves uncompensated takings.

Before the government can take peoples lives, liberty or property, they must be put on notice and provided with an opportunity to be heard. Diligent-good-faith efforts must be made to find people and service of notice on them should be hand delivered when practical. The opportunity to be heard includes the right to counsel and a fair and impartial process. The goal is to reach just decisions on the merits.

Think of due process as a floor and not a ceiling. It provides the minimum level of protection that must be afforded. Although, perhaps we could do more, we can do no less. Every day, in courtrooms throughout America, judges safeguard the peoples right to due process of law. When courthouses reopen to the public visit one and see for yourself.

The Honorable J. Layne Smith is a Leon County Judge and author of the international bestselling book Civics, Law, and JusticeHow We Became U.S. Email your questions to askjudgesmith@gmail.com.

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J. Layne Smith's bookCivics, Law, and Justice How We Became U.S. is available on Amazon. It's currently ranked No. 1 on 13 of Amazon's bestseller lists. It's 99 cents for the ebook and $10 for the paperback.

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Notice and an opportunity to be heard are part of due process of law | Ask Judge Smith - Tallahassee Democrat