Procedural Due Process Quotes

Due process was about avoiding procedural errors in rendering a decision of guilt or innocence, not about the validity of the decision itself.

It’s strange how the most dyed-in-the-wool tyrants still vaguely respect due process, as if they want to make it appear that they aren’t abusing procedure, even while riding roughshod over every convention. It’s as if power isn’t enough for them, and that they take special pleasure in forcing their enemies to perform, one last time and for their benefit, the same rituals that they are even then demolishing.

This act of whistleblowing was not like other acts of whistleblowing. Historically, whistleblowers reveal abuse of power that is surprising and shocking to the public. The Trump-Ukraine story was shocking but in no way surprising: it was in character, and in keeping with a pattern of actions. The incident that the whistleblower chose to report was not the worst thing that Trump had done. Installing his daughter and her husband in the White House was worse. Inciting violence was worse. Unleashing war on immigrants was worse. Enabling murderous dictators the world over was worse. The two realities of Trump’s America—democratic and autocratic—collided daily in the impeachment hearings. In one reality, Congress was following due process to investigate and potentially remove from office a president who had abused power. In the other reality, the proceedings were a challenge to Trump’s legitimate autocratic power. The realities clashed but still did not overlap: to any participant or viewer on one side of the divide, anything the other side said only reaffirmed their reality. The realities were also asymmetrical: an autocratic attempt is a crisis, but the logic and language of impeachment proceedings is the logic and language of normal politics, of vote counting and procedure. If it had succeeded in removing Trump from office, it would have constituted a triumph of institutions over the autocratic attempt. It did not. The impeachment proceedings became merely a part of the historical record, a record of only a small part of the abuse that is Trumpism.

It is clear that 'inquiry', as conceived by Dewey, is part of the general process of attempting to make the world more organic. 'Unified wholes' are to be the outcome of inquiries. Dewey's love of what is organic is due partly to biology, partly to the lingering influence of Hegel. Unless on the basis of an unconscious Hegelian metaphysic, I do not see why inquiry should be expected to result in 'unified wholes'. If I am given a pack of cards in disorder, and asked to inquire into their sequence, I shall, if I follow Dewey's prescription, first arrange them in order, and then say that this was the order resulting from inquiry. There will be, it is true, an 'objective transformation of objective subject-matter' while I am arranging the cards, but the definition allows for this. If, at the end, I am told: 'We wanted to know the sequence of the cards when they were given to you, not after you had re-arranged them,' I shall, if I am a disciple of Dewey, reply: 'Your ideas are altogether too static. I am a dynamic person, and when I inquire into any subject-matter I first alter it in such a way as to make the inquiry easy.' The notion that such a procedure is legitimate can only be justified by a Hegelian distinction of appearance and reality: the appearance may be confused and fragmentary, but the reality is always orderly and organic. Therefore when I arrange the cards I am only revealing their true eternal nature. But this part of the doctrine is never made explicit. The metaphysic of organism underlies Dewey's theories, but I do not know how far he is aware of this fact.

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Crying It Out (Extinction) The optimal time to use this strategy is after three to four months of age (post–due date). Perhaps this is when both parents must return to work full-time or with postcolicky infants (colic usually starts to dissipate at three to four months) or after parents see partial success with graduated extinction. Extinction can successfully be used earlier, but most parents find it unacceptably harsh for younger babies. Extinction was used with some twins in my survey at five to six months of age after the due date, when the parents had suffered from becoming desperately sleep-deprived. At three to four months, many parents in my survey used extinction successfully. Extinction means open-ended crying at night. The process is pretty straightforward: if you know that it is time to sleep and not time to feed, you ignore the crying, without a time limit. Initially, the baby will fall asleep after wearing herself out crying, but very quickly this process teaches the baby how to fall asleep unassisted without protest or crying. And the baby then stays asleep for a longer time. A major fear here is that prolonged crying by one twin will disturb the sleeping of the other. Parents in my survey stated that the sleepy twin, surprisingly, almost always adapted to the crying after a few nights and slept through their sibling’s protests. Of course, another major fear is that you will harm your child by letting him cry. But as long as he is safely in his crib, letting him cry is only a means to an end of better sleeping. There is no published research showing that this procedure causes any harm to children. In contrast, there is no question that not sleeping well truly harms them. If your twins’ bedtime is early and naps are in place, the process of extinction usually takes three to five nights. In general, the parents in my survey describe the first night’s crying to be thirty to forty-five minutes, the second night’s ten to thirty minutes, and the third night’s zero to ten minutes. If their bedtime is too late or a twin is not napping well, the process may take much longer, or it may appear to work but the success is short-lived. Sometimes older children cry more on the second night than on the first, but the entire process still takes just a few days. “We started around three or four months as fatigue from care and unpredictable sleep schedules reached the breaking point. The first night, our babies cried for about twenty minutes; the second for about ten minutes. They’ve slept through the night ever since.

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My recommendation instead, however, is that we do not surrender questions of value, whether absolute matters of truth, goodness, and beauty or relative judgment of more or less truth, goodness, and beauty. With those questions to the fore, in fact, we can interrogate various other traditions and truly learn something that can improve our own. Perhaps the Presbyterians really do know more than we do about due process in church government. Perhaps the Orthodox really do know some things we do not about iconography. Perhaps the Mennonites really can teach us the meaning of 'enough.' Perhaps the Pentecostals can help liberate us from dull and disembodied worship. Baptists who have learned to improve their procedures from Presbyterians, their art from the Orthodox, their finances from the Mennonites, and their worship from the Pentecostals do not therefore become worse Baptists but better ones. And so around the ecumenical circle, no?

Techniques Phase 1 Night is the time to practice this technique, as you will require deep, undisturbed concentration, and the airways are less likely to be cluttered during the dark of the day. You will be using the visualization function initially, but instead of retaining internalization, you are going to externalize your consciousness (as in shapeshifting). Seat yourself in your usual working position. Go into meditation to center yourself. Visualize yourself standing directly in front of where you are. Observe the back of your head, your height, your stance—everything about yourself that you can see. It is not possible to observe your own face in this context, just as it is not possible to observe your own physical form (except in a mirror), as we are aware only of our internalized externalization of image and not the way we appear to an observer. Next you are to project your consciousness into your body. By this I mean that you are no longer the person observing, but the person being observed. Look around your immediate environment. Go to the doorway and walk around the room, looking at everything: look behind objects, inside cupboards and boxes, look closely at books, pictures, everything. Continue this exercise nightly until you are familiar with your immediate surroundings. Always reenter your prone material body the way you left. Phase 2 Begin with meditation. Go with the process of projecting into the externalized image of yourself. You may now proceed to leave the room with which you have oriented yourself over the preceding nights and travel around the house in which you live, observing at all times and remaining aware of all things your senses perceive. If there are other people in the house, you may pick up on their emotions, moods, dream patterns, etc., but at this stage, do not work at having them become aware of your presence (they may become aware of you anyway, especially if they are asleep and traveling close to their physical habitat). Continue with this exercise until you are familiar with the process. Phase 3 Begin with meditation. Project your consciousness into your self-image. You can now leave the house and move around outside. Be aware of the time. Observe all that is around you. Now you can begin the process of expanding your entity. If you bend your knees and jump, you will discover that you are weightless and can keep rising into the atmosphere as long as you desire. You can also think your astral body from one place to another without necessarily following a familiar route. Practice this often, but don’t forget to follow the return-to-body procedure! I tend to stress this like a mother-hen. I’ve had horrible postastral dysfunction occur due to both interruption and lack of experience, and it has sometimes been days before I stopped feeling dizzy and/or nauseous and disoriented. Sleeping lots tends to fix it, though.

the American Constitution provides for ‘due process of law’ against that of ‘procedure established by law’ which is contained in the Indian Constitution. The difference between the two is : ‘The due process of law gives wide scope to the Supreme Court to grant protection to the rights of its citizens. It can declare laws violative of these rights void not only on substantive grounds of being unlawful, but also on procedural grounds of being unreasonable. Our Supreme Court, while determining the constitutionality of a law, however examines only the substantive question i.e., whether the law is within the powers of the authority concerned or not. It is not expected to go into the question of its reasonableness, suitability or policy implications.

Four things about learning how to care for someone with dementia are important to realize. Firstly, most family carers are unfamiliar with the effects of dementia on people’s abilities, and people with dementia due to Alzheimer’s disease, or another disease, function in ways that most of us have never experienced.  Common sense does not help here. The carers have to learn how to understand new information about memory processes and how to cope with situations that are new to them. Secondly, don’t be too hard on yourself. If you realize you have made a mistake in the way you have been interacting with a person with dementia, learn from it, change what you are doing, but don’t hang onto the guilt. Forgive yourself. Know that every family goes through these painful experiences and feelings of being inadequate. Apologize to the person with dementia and then distract them with something fun. Thirdly, understand that each person with dementia is unique in the way they behave and how they understand what is happening. What has helped one family carer to cope may not help the next. Be patient with yourself and the person with dementia and never stop trying to find ways to help yourselves. Coping often means trying one thing after the other, and then using the approach that works for as long as it continues to work. Fourthly, scolding and arguing will not help them learn because they have lost most of their capacity to learn with their short-term memory. Scolding will, however, establish a procedural memory in their mind that interacting with you is always unpleasant.

The danger of an administrative return to an extralegal regime becomes particularly concrete when one recognizes the potential for evasion. Administrative law evades not only the law but also its institutions, processes, and rights. The central evasion is the end run around acts of Congress and the judgments of the courts by substituting executive edicts. This suggests that there can be an alternative system of law, which is not quite law, but that nonetheless can be enforced against the public. As if this were not enough, the evasion also gets around the Constitution’s institutions and processes. For example, when the executive makes regulations, it claims to escape the constitutional requirements for the election of lawmakers, for bicameralism, for deliberation, for publication of legislative journals, and for a veto. Similarly, when the executive adjudicates disputes, it claims to sidestep most of the requirements about judicial independence, due process, grand juries, petit juries, and judicial warrants and orders. The judicial evasion is particularly troubling when one realizes that it escapes almost all of the procedural rights guaranteed by the Constitution. Recognizing at least the due process problem, courts and commentators sometimes suggest that administrative adjudication is subject to a lesser, administrative version of due process. It remains unclear, however, how a fraction of a right can substitute for the whole, or how the due process of administrative power in an administrative tribunal can substitute for the due process of law in a court. This is like a substitution of water for whisky, and the fact that both are liquid does not hide the evasion.

On behalf of the deference under the Administrative Procedure Act, it is said that Congress is not constitutionally barred from authorizing deference—as if Congress can detract from the office of the judges. The office of the judges, however, was an element of the Constitution’s grant of judicial power, and it required the judges to exercise independent judgment in accord with the law of the land. Put another way, when the Constitution authorized judicial power, it took for granted that judges, by their nature, had such a duty.19 This judicial duty was recognized very early, because it was the foundation of what nowadays is called “judicial review.” When writing about the judicial power of North Carolina in 1786, James Iredell explained: “The duty of the power I conceive, in all cases, is to decide according to the laws of the state,” and as “the constitution is a law of the state,” a statute “inconsistent with the constitution is void.” Or as put by John Marshall in Marbury v. Madison, where “both the law and the constitution apply to a particular case” the court “must determine which of these conflicting rules governs the case,” this being “of the very essence of judicial duty.”20 Judicial review, in other words, is entailed by judicial duty—a duty that accompanies judicial power and that requires judges to exercise their own independent judgment in following the law. And another result of this duty is that a mere statute cannot justify the judges in abandoning their independent judgment or in following extralegal rules or interpretations. As if this were not enough, the U.S. Constitution adds that no person shall be “deprived of life, liberty, or property, without due process of law.” If this means anything, it surely requires a judge not to defer to one of the parties, let alone to defer systematically to the government. Nonetheless, on the basis of a mere statute, the judges generally defer. The next step is to examine the varieties

Ferguson’s law enforcement practices are shaped by the City’s focus on revenue rather than by public safety needs. This emphasis on revenue has compromised the institutional character of Ferguson’s police department, contributing to a pattern of unconstitutional policing, and has also shaped its municipal court, leading to procedures that raise due process concerns and inflict unnecessary harm on members of the Ferguson community.

Among those rights is the constitutional right to procedural due process, which has been broadly construed to protect the individual so that statutes, regulations, and enforcement actions must ensure that no one is deprived of "life, liberty, or property" without a fair opportunity to affect the judgment or result.

At a basic level, procedural due process is essentially based on the concept of "fundamental fairness.

individual is facing a (1) deprivation of (2) life, liberty, or property, (3) procedural due process mandates that he or she is entitled to adequate notice, a hearing, and a neutral judge.

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This Report is intended to strengthen those efforts by recognizing the harms caused by Ferguson’s law enforcement practices so that those harms can be better understood and overcome. Ferguson’s law enforcement practices are shaped by the City’s focus on revenue rather than by public safety needs. This emphasis on revenue has compromised the institutional character of Ferguson’s police department, contributing to a pattern of unconstitutional policing, and has also shaped its municipal court, leading to procedures that raise due process concerns and inflict unnecessary harm on members of the Ferguson community. Further, Ferguson’s police and municipal court practices both reflect and exacerbate existing racial bias, including racial stereotypes. Ferguson’s own data establish clear racial disparities that adversely impact African Americans.

McCulloch would have put him on notice that "it is a constitution we are expounding," one that was "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs," and which did not "deprive the legislature of the capacity to avail itself of experience, to exercise its reason, and to accommodate its legislation to circumstances." It had become clear by 1868, if not before then, that the Constitution was not chained to the original expectations as to what powers the legislature could exercise. This recognition, in turn, suggests a more durable basis for a doctrine of substantive due process than simply labeling everything one finds distasteful or wrongheaded as "arbitrary." The eighteenth-century understanding of due process may have been primarily, if not exclusively, procedural, but it had evolved in a legal system where the legislature exercised unfettered power over substantive law. The new Constitution's Supremacy Clause, however, subordinated legislative power to the Constitution itself. As I suggested in my opening essay, in a republic, "due process," when it comes to the wisdom of government policy, is ordinarily provided by the political process, but it is likely the case that we do not regard every issue as properly resolved by majoritarian institutions. As

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