Historically, an inevitable complement to it”- Joseph A.

Historically, Due
Process reflects the Magna Carta of Great Britain. King John promised his
noblemen that he would act within law and all would receive the procedures of
law. Likewise, the Constitution of the United States of America’s Fifth
Amendment says that no one shall be “deprived of life, liberty or property
without due process of law”. Ratified in 1868, Fourteenth Amendment also uses
the Due Process Clause to describe a legal obligation of all states but it
applies unambiguously to the states. Fifth Amendment applies to the federal
government and its courts and agencies whereas the Fourteenth Amendment applies
to all state government, agencies and courts. Due Process guarantees fair
procedures. “Bureaucracy is not an obstacle to democracy but an inevitable
complement to it”- Joseph A. Schumpeter, Austrian economist; political
scientist. Bureaucratic decisions are influenced by politics (Marc Holzer and
Richard W. Schwester, p. 162). When Bureaucrats interest are threatened, they
become excessively political. For example, when stuck with budget cuts, they
often tend to find their allies to advocate on their behalf. United States is a
democratic nation. Its policies are made by congress but they are highly
influenced by Bureaucrats. Representatives lobbies policies that benefit
bureaucrats. Likewise, due process and bureaucratic discretion are co-related.  In United States’
long history, there have been many instances where Supreme Court was
challenged. Thanks to Declaration of Independence (1776) and United
States Constitution (1789) that it was possible.  And those cases have restated our
constitution. From many of those cases that challenged Supreme Court and
have redefined the concepts of Due Process, few of them are as below:   Mapp v. Ohio (19 June 1961) In March of 1961,
the case of Dollree Mapp v. Ohio was brought in the Supreme Court of the United
States. Police had a tip that a bombing suspect is residing at Mapp’s residence
and they asked Dollree permission to search the residence for the suspect. Mapp
consulted her attorney, and refused to enter the residence unless they provide
search warrant. The law enforcement provided fake warrant and searched the
residence. Although, they didn’t find anything that could relate to their bomb
suspect, police discovered pornographic materials and arrested Mapp. Mapp’s
attorney challenged the decision in the Supreme Court of the United States. Supreme Court of
the United States ruled in favor of Mapp. It determined that evidence collected
from an unlawful search be excluded from trial. Supreme Justice’s incorporated
the Fourth Amendment’s protection of privacy using the Due Process Clause of
the 14th Amendment, a very controversial move.   Gideon v. Wainwright (18 Mar 1963)  Gideon, a Florida
resident was charged for breaking and entering with an intent to commit crime,
which is a felony under Florida law. Due to his financial situation, he asked
the Florida court to appoint counsel for him. The court declined his request and
pointed to state law which said that Florida law only appoints an attorney for
poor defendants charged with capital offense. 
At trial, Gideon represented himself and lost. He was sentenced to five years’
imprisonment. Gideon filed a petition for writ of habeas corpus in the Florida
Supreme Court, but the Florida Supreme Court denied Gideon’s petition. Gideon
next filed petition in the Supreme Court of the United States. The Court agreed
accepted to hear the case.  The Court
decided that the Sixth Amendment’s guarantee of an attorney is a fundamental
right, and as such, applies the states through the Due Process Clause of the
Fourteenth Amendment.  Griswold v. Connecticut (07 Jun 1965) Estelle Griswold, the executive director of
a Planned Parenthood clinic in Connecticut was charged and convicted for
violating the Connecticut anti-contraception law which prohibited counseling
and prescription of birth control to married couples. Griswold argued that the
right to privacy was implicit in the US Constitution in the First, Third,
Fourth, Fifth and Ninth Amendments. The decision came by a vote of 7-2,
reversing the lower courts conviction against Griswold. Also, the Connecticut
anti-contraception law was declared unconstitutional. It was found
unconstitutional because it violated the right to privacy that was protected by
the 14th Amendment’s Due Process Clause. It remains at the
core of substantive due process debate today.   Due Process has a great impact in our life.
Many of our now laws originated from Right to Due Process of Law. It requires
authorities to follow certain procedures before sentencing one for the crime
he/she may or may not have committed. The phrase “Innocent until proven guilty”
is solely because of due process. It gives us power to stand up for any
injustice done by the government or the bureaucrats. Bureaucrats are not
subject to the regulatory authority. Even though bureaucrats serve under the
President, congress can check on the on the bureaucracy by monitoring them. They
perform important functions and are inevitable part of the United States. Due
Process and Bureaucratic Discretion are co-related and an integral part of our
constitution.