Linked by Thom Holwerda on Tue 4th Oct 2011 13:31 UTC
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Member since:
2006-08-02
Your citation is exactly how i phrased it. Due process is a restriction on arbitrary government action in order to protect rights (life, liberty, property, etc.), not a right per se. There is a large semantic difference between the two. Similar to how requiring a warrant to search your home is a restriction placed on the power of government, it is not itself an individual right. And in following the legal requirement to acquire a valid warrant, the government is meeting its due process obligation.