Jacob is correct in a broad sense, but "due process" is really just an aggregate of many rules and remedies, which mainly concern answers to the questions "How?" (procedural) and "How much?" (substantive). But there more that needs to be specified. The "common-law" "prerogative" writs are essentially, remedies within "due process", but they also concern answers to the questions "Who?" (any individual has standing), "What?" (make an official stop doing something), "When?" (as soon as possible), "Where?" (here), "Why?" (stop officials from doing things that are not authorized), and "Whither?" (take several next steps). Unfortunately, too many courts have treated "process" to be sufficiently "due" if they are uniform (except for officials, of course). The prerogative writs leave little wiggle room for judges and they are particularly targeted on officials, not only defensively, but providing individuals the initiative. If we are to regain access to our due process rights it will require us to regain access to the remedies represented by the prerogative writs.
Jacob Roginsky wrote: > The argument that WTP had a due process right to the answer is rather > straightforward. Much of what the government does is financed out of > funds taken from the citizenry via taxation. It is therefore proper to > claim that the people whose money is taken by the government have a > due process right to know that they are deprived of their money > legitimately and/or for legitimate purpose -- the very essence of the > Due Process Clause of the 5th Amendment. > > Most of your argument below is kinda unpersuasive, kinda like a "day" > that is all evening. -- ---------------------------------------------------------------- Constitution Society 7793 Burnet Road #37, Austin, TX 78757 512/299-5001 www.constitution.org [EMAIL PROTECTED] ---------------------------------------------------------------- ForumWebSiteAt http://groups.yahoo.com/group/Libertarian Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/Libertarian/ <*> Your email settings: Individual Email | Traditional <*> To change settings online go to: http://groups.yahoo.com/group/Libertarian/join (Yahoo! ID required) <*> To change settings via email: mailto:[EMAIL PROTECTED] mailto:[EMAIL PROTECTED] <*> To unsubscribe from this group, send an email to: [EMAIL PROTECTED] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
