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320

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[–] 2 pts

Thought provoking:

Due process is the idea that the government must follow the procedural rules under our system of justice. These guarantees protect Americans against arbitrary decisions by the government to take away life, liberty, and property. The Supreme Court has described due process circularly as "what process is due." There is no one set of rules for all situations. Typically, the greater the liberty interest at stake, the more extensive the due process protections must be.

Most associate due process with concepts like the right to a hearing, an unbiased decision-maker, the right to be represented by a lawyer, and the ability to present evidence in your defense. But is it really true — as the president and many others appear to believe — that the government can take away someone's rights, so long as it showers him with lots and lots of due process? The promise of due process is little comfort when those exercising that process have no respect for the rule of law.

Imagine if the government accused you of wanting to be a drug-dealer. You've never been charged with — or even accused of — having actually sold drugs. But still, someone thinks there's a good chance you may in the future. So you're given a hearing, allowed to hire a lawyer, and permitted to testify why you won't become a drug dealer in the future. But at the end of the day, a judge still believes there's an unreasonable risk that you will enter the drug business. So, in order to prevent that possibility, for the next year or so, you no longer have any Fourth Amendment rights. The police may now stop your car and search it any time they wish and enter your home to search for drugs at will. What, that doesn't sound fair? What's the problem? You were given loads and loads of due process!