Holy Fuck CBS News! "No one knows what 'due process' will mean?"

[melm00se]

17. The Constitution discusses "due process"

But never defines it.

Judge Henry Friendly (yes, that was his real name) wrote an influential article which has been accepted by many as a working definition of due process:

A neutral and unbiased tribunal .
A notice of the government’s intended action and the asserted grounds for it.
The opportunity for the individual to present the reasons why the government should not move forward with the intended action.
The right for the individual to present evidence , including the right to call a witness .
The right for the individual to see the opposing side’s evidence.
The right to cross-examination of the opposition’s witnesses.
A decision based exclusively on the evidence presented.
The opportunity to representation by counsel .
The requirement that the tribunal prepare a record of the evidence presented.
Requirement that the tribunal prepare written findings of fact and reasons for its decision .

Full article here

But that is not in the constitution so, in theory (with this Supreme Court it may be: in fact) the Courts can redefine what is or is not "due process" anywhere along the line.