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Due process
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WYDave
Posted 4/23/2025 22:12 (#11200139 - in reply to #11199967)
Subject: RE: Due process


Wyoming

Let's review the Fifth Amendment:

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

 

The important clause here is: "...nor be deprived of life, liberty, or property, without due process of law..."

If we are to believe the current hullaballoo about "due process" being afforded to people in the US illegally, then let's go all the way. Let's allow illegal aliens to buy firearms - which they currently are not allowed to do, nor are they allowed to possess firearms. Clearly, such people are able to be deprived of some rights recognized as individual liberties by the courts, along with voting rights, etc.

https://apnews.com/article/fact-check-atf-policy-migrants-purchase-firearms-900887427777

Further, unless life, liberty, or property are at question, there might not be a  need for someone to have their case heard in front of a judge. There is plenty of administrative law in the US for which not even citizens will have their case heard in front of a judge, and administrative law might well deprive you of liberty or property. Take for example the issue of a BLM grazing AUM  cut. Now you have to sell off X% of your property. Do you get to have that issue heard in front of a judge? Nope. Where's the "due process?" Courts have held that if you were notified and dealt with by administrative procedure, you had due process.

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