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Old April 27th 05, 02:47 PM
I AmnotGeorgeBush
 
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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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