Remix clone Hacker News

If there's no due process for everyone, that distinction literally does not matter in the slightest!

Dozens of citizens could have been sent into slave labor for all we know, and no judge has been able to provide the constitutionally mandated oversight. It has been upheld many times and for hundreds of years that the Due Process clause applies to non-citizens for this reason.

▲

rayiner 14 hours ago | parent | next [-]

Due process doesn’t require judicial process.

▲

adamc 11 hours ago | parent [-]

You have case law to back that up?

▲

rayiner 10 hours ago | parent [-]

It’s like due process 101: https://law.justia.com/constitution/us/amendment-14/05-proce...

(See link for footnotes.)

> Non-Judicial Proceedings.—A court proceeding is not a requisite of due process.745 Administrative and executive proceedings are not judicial, yet they may satisfy the Due Process Clause.746 Moreover, the Due Process Clause does not require de novo judicial review of the factual conclusions of state regulatory agencies,747 and may not require judicial review at all.748 Nor does the Fourteenth Amendment prohibit a state from conferring judicial functions upon non-judicial bodies, or from delegating powers to a court that are legislative in nature.749 Further, it is up to a state to determine to what extent its legislative, executive, and judicial powers should be kept distinct and separate.750

	▲	adamc 8 hours ago \| parent [-]
		Fair. I sit enlightened. Although the court cases so far didn't seem to end up there.

▲

coredog64 15 hours ago | parent | prev [-]

Due process only means “This is the minimum required process for the government to act”. It doesn’t mean that every non-citizen is entitled to a jury trial that can escalate to the USSC.

In some cases, “due process” is “Your name made it into a spreadsheet, the President can drone strike you”