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Due Process


Due Process Scales
The Kings of America

DUE PROCESS of law does not have a fixed meaning, according to America's judges (Kings.) As the constitution itself, it adjusts with changing jurisprudential values. Said Justice Frankfurter: " 'Due process,' unlike some legal rules, is not a technical conception with a fixed content unrelated to time, place and circumstances. Expressing, as it does, in its ultimate analysis respect enforced by law for that feeling of just treatment which has been evolved through centuries of Anglo-American constitutional history and civilization, 'due process' cannot be imprisoned within the treacherous limits of any formula." 341 U.S. 123, 162-163.

In other words, "DUE PROCESS" IS WHATEVER THE JUDGE - self appointed King - says it is - OR IS NOT!

Stare Decisis, another judge made rule, says that the law must not change - to stand by that which was decided; rule by which common law courts "are slow to interfere with principles announced in the former decisions and often uphold them even though they ADMIT THE DECISION IS WRONG."

The doctrine is not ordinarily departed from where decision is of long standing and rights have been acquired under it, unless considerations of public policy demand it. Colonial Trust Co. v. Flanagan, 344 Pa. 556.

HENCE, THE IMPORTANCE OF THE "COURT OF PUBLIC OPINION."

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This document was last updated November 05, 1997
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