Administrative Law: Due Process Clauses and Disability Benefits

This report provides an analysis of administrative law, particularly focusing on the due process clauses of the Fifth and Fourteenth Amendments of the United States Constitution. The report begins with an introduction explaining the purpose of the memorandum, which is to explain the implementation of disability benefits for Ms. Moody and the protected interests under the due process clauses. The report outlines the key aspects of the Fifth and Fourteenth Amendments, including the protection of life, liberty, and property, and the concept of due process. It discusses the evolution of the interpretation of "property" and "liberty" interests, and the three clauses of due process: substantive due process, procedural due process, and equal protection of the law. The doctrine of incorporation, which applies the Bill of Rights to the states through the Fourteenth Amendment, is also examined. The report further details the Fifth Amendment's protections, including the right to accusation by jury, protection against double jeopardy, the right against self-incrimination, and protection against the taking of property without compensation. It then addresses the notice and hearing requirements, which are essential for ensuring due process, and concludes with an advice section that the clauses of the due process law are matching accordingly, and therefore, the grant of disability benefits can easily be passed.

RUNNING HEAD: ADMINISTRATIVE LAW
Administrative Law
Name of the student
Name of the university
Author Note

1
ADMINISTRATIVE LAW
To: Liam Joseph, Supervising Attorney, Kelly & Associates, LLP
From:
Date:
Re: MS Moody, discussion of the due process clauses that administers the liberty, indiscriminate
denial of life, property by the administration outside the sanctioned law.
Purpose:
The purpose of this memorandum is to explain to the Supervising Attorney of Kelly &
Associates LLP, about the implementation of disability benefits of Ms Moody and also the
protected interest covered under the due process clauses along with fifth and the fourteenth
amendment of the due process clauses.
Summary:
The Constitution explains one command two times. The Fifth Amendment explains the federal
administration that deals with a law in which it states no one should “deprived of life, property or
liberty denying due process of law. The Fourteenth Amendment which is sanctioned in the year
1868 which states the eleven words which are known as Due Process Clause to define the
obligations for all the states.

2
ADMINISTRATIVE LAW
Issue:
The Interests Protected:
The linguistic of Fourteenth Amendment involves the rules and regulation of due process
that includes the interest of an individual’s “liberty, life or property” is threatened. Usually, the
determination made by the Court to understand the terms as mentioned in the advance growth of
common law (Roth v. Board of Regents, 408 U.S. 564, 569–71 (1972)). In the year 1960, the
Court started a fast expansion of “property” and “liberty” aspects of the clauses that include the
non-traditional ideas as provisional property rights and entitlement of the statute (LII / Legal
Information Institute, 2019). The Court is following a varying path of contracting and expanding the
protected interests (Morrissey v. Brewer, 408 U.S. 471, 481, (1982).
There is three clauses of the due process of law:
 Substantive due process
 Procedural due process
 Equal protection of the law
The doctrine of incorporation:
The amendments of the Constitution (Bill of Rights) of the United States became enforced
following the Due Process clause stating the Fourteenth Amendment according to constitutional
doctrine. After the channel of the Fourteenth Amendment, the Supreme Court preferred the term
known as “selective incorporation”.
The Fifth amendment explains:

3
ADMINISTRATIVE LAW
 the Right to the accusation by jury as in the case of Hurtado v. California, 110 US 516
(1884).
 Dual Jeopardy as in the case of Benton v. Maryland, 395 US 784 (1969).
 Right against personal-incrimination as in the case of Malloy v. Hogan, 378 US 1 (1964)
 Protection against taking off property without compensation as in the case of Chicago,
Burlington & Quincy Railroad Co. v. City of Chicago, 166 U.S. 226 (1897).
Notice and Hearing Requirement:
Notice: The basic and essential requirement of any proceeding to be heard is to be accorded
finality in the notice is to be calculated following the circumstances. The notices need an
explanation of the legal processes which is necessary to protect the interest of an individual.
Hearing: Several hearings are required to be performed before a person who has deprived finally
from the property or liberty interest. Right of hearing is the basic and fair process of deciding by
the government for the individuals deprived of the possession. It should be conducted in a
meaning manner and also in a meaningful time.
Advice:
In this case of Ms Moody, it is examined that all the clauses of the due process law are matching
accordingly, and therefore, the grant of disability benefits can easily be passed.

4
ADMINISTRATIVE LAW
References:
Ten, C. L. (2017). Constitutionalism and the Rule of Law. A Companion to Contemporary
Political Philosophy, 493-502.
LII / Legal Information Institute. (2019). The Requirements of Due Process. [online] Available
at: https://www.law.cornell.edu/constitution-conan/amendment-14/section-1/the-requirements-
of-due-process [Accessed 12 Aug. 2019].