That approach may sound appealing, but it means due process protects no one from the tyranny of the majority.
Or how due process protects us from the whims of ageism, sexism, racism, and nepotism that could (and did) pervade in a system increasingly being run like a business.
And finally, "Academic institutions must ensure that their formal and informal procedures provide sufficient due process to protect intellectual freedom".
There is no question that the due process clause protects a right to marry.
"There's just not time to get an attorney and have a hearing where your due process is protected in that time period," he said.
But the retired judge appeared to defend himself in an opinion article that was published in The Wall Street Journal last month in which he rebuffed criticism of the treatment of material witnesses after Sept. 11, saying their due process was protected.
"We encourage the authorities in Malaysia to ensure that due process is protected and that any trial is conducted in a fair and transparent manner, and we will continue to monitor the case," the department spokeswoman, Victoria Nuland, said at a news conference.
The question is, will the president and Congress compound this tragedy by sundering one of America's most cherished legal concepts, the guarantee of due process that protects us all from being treated unfairly by employers or courts?
In re Winship (1970) explicitly held that "the Due Process Clause protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged".
"The president right now has the authority to go outside the normal due process, constitutionally protected rights that are part of a court trial, and lock somebody up indefinitely or place them in military custody here in the U.S.," Smith said in floor debate.
