barnbwt
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- Aug 14, 2011
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yugorpk said:"Due Process" just means that all of the applicable laws are followed that pertain to the case in question
wikipedia said:Due process is the legal requirement that the state must respect all legal rights that are owed to a person.
5th amendment said:...nor be deprived of life, liberty, or property, without due process of law...
The fifth is pretty clear that sufficient legal protocols must be followed if consequences as vital as life, liberty, or property are on the line. I'd argue all three are, here. Which means the threshold for that process must be the same or greater for the State winning its case, vs. other systems with the same level of importance (i.e. criminal court).14th amendment said:...nor deny to any person within its jurisdiction the equal protection of the laws.
The fourteenth basically amends the fifth amendment with the 'equal protection' clause, though explicitly with regards to the States (conveniently leaving out the federal government), though I understand the 'equal protection clause' was subsequently incorporated at the federal level (i.e. federal courts must treat all comers as equal in the eyes of the law, and can't themselves pass laws against minorities/etc.). To my way of thinking, the 'equal protection' part strongly implies parity of process for similarly vital consequence. That's why you can't have a separate but equal court for Black Americans and White Americans, that's why you can't have parallel processes for denying firearms rights (one through the court of law, one through some anonymous bureaucrat's say-so).
If it takes a court of law to strip you of your RKBA --even over something as minor as a domestic violence misdemeanor these days, a court is still required to disenfranchise the accused-- then it takes a court of law to put your name on a list that accomplishes the same thing. That your system of relief after-the-fact is 3 days (for now) vs. a largely-theoretical dumpster-fire that isn't even funded at this point, doesn't change the difference in Due Process on the front end.
TCB