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From: (Frank=A0Gilliland)
On Tue, 26 Apr 2005 22:20:28 -0400, "BobC" wrote in : (How about Constitutional Law? ) How about it? Although it has fallen by the wayside during the Bush administration, there is nothing I suggested that would deprive anyone of their Constitutional rights. I'm not a court and I don't execute due process. But if I have good reason to believe that someone is violating a law then I don't keep my mouth shut because of some whacko's ultra-literal interpretation of the Constitution. Due process is not pre-empted by a presumption of innocence -- OTOH, due process must be initiated before it can occur, and reasonable suspicion is enough to begin that process. That's the law. If you don't like it, work to change it. If you don't then quit whining and learn to live with the system the way it is. Fwiw, Due Process (according to the Supreme Court) is a difficult thing to define. It has been said DP is merely the law of the land. The Fifth and Fourteenth Amendments refer only to federal agency protection with regards to DP. DP is basically how and why laws are enforced, and questions "Is the law fair?" as in "does a law presume guilt?" The end result is the law (as it applies to all persons) must be clear and concise and it absolutely MUST have a presumption of innocence to comply with Due Process. |
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