Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Tublecane

Due Process has two parts: Substantive and Procedural. The idea is that without substance, procedure is moot. (WAY simplified, but you get the idea.)


9 posted on 05/27/2009 8:41:13 PM PDT by piytar (Take back the language: Obama axing Chrystler dealers based on political donations is REAL fascism!)
[ Post Reply | Private Reply | To 4 | View Replies ]


To: piytar

“Due Process has two parts: Substantive and Procedural. The idea is that without substance, procedure is moot. (WAY simplified, but you get the idea.)”

I’m familiar with the concept, and along with Robert H. Bork, I think it’s absolute B.S. As intellectually phony as “The Protocols of the Elders of Zion”. Substance has nothing to do with process. Process is the only thing that matters; that’s why they call it “due process” instead of “due substance”.

The injection of substance into our 14th amendment protections is one of the premier avenues (along with the interstate commerce clause and the equal protection clause) through which our Constitution has been destroyed, in my opinion.


19 posted on 05/28/2009 2:27:03 PM PDT by Tublecane
[ Post Reply | Private Reply | To 9 | View Replies ]

To: piytar

Oh, I should add I love John Hart Ely’s characterization of substantive due process as a contradiction in terms, like saying “green pastel redness”.


20 posted on 05/28/2009 3:53:07 PM PDT by Tublecane
[ Post Reply | Private Reply | To 9 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson