1. Every detained or detained person shall have the right to contact and consult his lawyer. Authorities arresting, detaining or examining a person shall exercise only the powers conferred on them by law, and the exercise of these powers may be referred to a judicial or other authority. 1. A detained person or his lawyer shall have the right, at any time, to appeal against the lawfulness of his detention to a judicial or other authority, in accordance with national law, with a view to obtaining his immediate release if it is unlawful. 49 Coleman v. Miller, 307 U.S. 433, 445, 442, 443 (1939); Boynton v. Hutchinson Gas Co., 291 U.S. 656 (1934); South Carolina Highway Dep`t v. Barnwell Bros., 303 U.S. 177 (1938).
However, the opposite is not true, and an official of the state`s interest in justifying the Constitution gives him no legal authority to challenge the constitutionality of a state law in order to circumvent its compliance. Schmidt v. Indiana, 191 U.S. 138 (1903); Braxton County Court v. West Virginia, 208 U.S. 192 (1908); Marshall v. Dye, 231 U.S. 250 (1913); Stewart vs. Kansas City, 239 U.S. 14 (1915).
See also Coleman v. Miller, 307 U.S. 433, 437–46 (1939). A state also has broad fiscal sovereignty over wills and inheritances. Due process, based on the principles of “fundamental fairness”, deals with the legal procedures to be followed in state proceedings. Relevant topics, discussed in detail below, include notification, the possibility of hearing, confrontation and cross-examination, discovery, decision-making, and the availability of counsel. Due process, also based on the principles of “fundamental fairness”, is used to assess whether a law can be applied by states, regardless of the process used. Substantive due process guarantees have generally addressed specific issues, such as freedom of contract or privacy, and over time have alternately emphasized the importance of economic and non-economic issues. Theoretically, procedural and due process issues are closely linked.
In reality, due process guarantees are of greater political importance, as essential parts of the substantive jurisdiction of a state legislature may be limited by its application. Any person imprisoned for criminal offences shall be brought before a judicial or other authority prescribed by law immediately after arrest. That authority shall decide without delay on the legality and necessity of detention. No one may be detained during the investigation or judicial proceedings unless such an authority is informed in writing. A detained person, when brought before such an authority, has the right to make a statement about the treatment he or she has undergone while in detention. The court`s early decisions were based on the legal fiction that states owned fish and game within their borders and could therefore reserve those goods for the use of their own citizens.308 The court quickly moved away from the fiction of property,309 and in Hughes v. Oklahoma,310 it formally defied previous jurisprudence, emphasizing that state conservation measures that discriminate against persons outside the state must be assessed under the commercial clause. While “state concern for wildlife conservation and protection” is still a “legitimate” basis for regulation, these concerns could not justify disproportionate burdens on interstate commerce.311 The significance of Senn130 was, in part, that the case confirmed a law that was not materially different from a law passed five years earlier in Truax v. Corrigan had been speculated.131 In Truax the court had ruled that a law prohibiting injunctions on union protest activities was unconstitutional when it involved a labour dispute involving picketing, defamatory statements and threats. The law, which the court later upheld in Senn, on the other hand, authorized the publication of labour disputes, declared pickets and peaceful patrols lawful, and prohibited the issuance of orders against such conduct.132 The difference between these laws, according to the court, was that Senn`s law applied only to “peaceful” pickets, while Truax`s law “…
