Reply to Trump says he doesn’t know if he will uphold the Constitution

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[quote=Anonymous][quote=Anonymous]well, although everyone is entitled to due process, the case law is quite clear that there is no one thing that “due process” is, and it can be a sliding scale that takes different factors into account. eg there is no due process jury trial requirement for immigration cases.

The real constitutional issue with Trump is whether he will follow a court order when the court says what due process is in a particular case. [/quote]

Due Process can mean MANY things.  It doesn’t mean a full criminal trial.  It does mean being able to be heard, present evidence or rebut any evidence against you as well a being able to obtain legal counsel.

“ While there is no definitive list of the "required procedures" that due process requires, Judge Henry Friendly generated a list that remains highly influential, as to both content and relative priority:

An unbiased tribunal.
Notice of the proposed action and the grounds asserted for it.
Opportunity to present reasons why the proposed action should not be taken.
The right to present evidence, including the right to call witnesses.
The right to know opposing evidence.
The right to cross-examine adverse witnesses.
A decision based exclusively on the evidence presented.
Opportunity to be represented by counsel.
Requirement that the tribunal prepare a record of the evidence presented.
Requirement that the tribunal prepare written findings of fact and reasons for its decision.
This is not a list of procedures which are required to prove due process, but rather a list of the kinds of procedures that might be claimed in a "due process" argument, roughly in order of their perceived importance.”

https://www.law.cornell.edu/wex/due_process[/quote]

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