Kristi Noem: Due process does not guarantee a hearing (It's in the Constitution to guarantee people access to fair hearings)

@TheDemocrats If they wanted due process they should’ve come her legally. Did you say anything about due process when Obama deported 3M illegals and Clinton 12M?

@TheDemocrats The Constitution’s due process clauses (5th & 14th Amendments) ensure *fair procedures*, but don’t always *guarantee a hearing*. Fairness depends on the situation—sometimes notice and a chance to respond suffice.

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And she just got a honorary doctorate. Which college did this? I meant…

No, due process does not absolutely guarantee a hearing in every situation. Due process, as rooted in the U.S. Constitution (Fifth and Fourteenth Amendments), ensures that individuals are treated fairly by the government and protected from arbitrary deprivation of life, liberty, or property. However, what constitutes "due process" varies depending on the context, and a formal hearing is not always required. ### Key Points: 1. Procedural Due Process: This involves fair procedures when the government seeks to deprive someone of a protected interest (e.g., property, liberty). The Supreme Court has held that due process is flexible and depends on the circumstances. A hearing may be required in some cases, but not others, based on factors like: - The nature of the interest at stake. - The risk of erroneous deprivation without a hearing. - The government's interest and administrative burden of providing a hearing. (See Mathews v. Eldridge, 424 U.S. 319, 1976) 2. When Hearings Are Typically Required: - A hearing is more likely when significant interests are at stake, such as termination of welfare benefits (Goldberg v. Kelly, 397 U.S. 254, 1970) or revocation of a professional license. - Criminal cases often require hearings (e.g., trials or pre-deprivation hearings) to protect liberty interests. 3. When Hearings May Not Be Required: - In cases where the deprivation is minor or the process is impractical, due process may be satisfied without a formal hearing. For example: - Temporary suspensions (e.g., a student suspended from school may not always get a pre-suspension hearing; see Goss v. Lopez, 419 U.S. 565, 1975). - Administrative decisions with minimal impact, where written notice and an opportunity to respond suffice. - Emergency situations, where immediate action (e.g., seizing property) is justified, though a post-deprivation hearing may be required. 4. Substantive Due Process: This protects certain fundamental rights from government interference but does not inherently involve hearings. It’s about the substance of the law or action, not the procedure. 5. Statutory vs. Constitutional Requirements: Some laws or regulations may mandate hearings for specific processes (e.g., immigration or employment termination), but these are not necessarily constitutional due process requirements. ### Conclusion: Due process guarantees fairness, but a hearing is not an absolute requirement in every case. Courts evaluate what process is "due" based on the situation, balancing individual rights with government interests. If you have a specific context in mind (e.g., criminal law, administrative law), I can provide a more tailored answer.

@TheDemocrats For citizens. Due process goes like this 1 arrest happens 2 booking and identification 3 not a citizen, bye outta here, no need to further waste tax payer money, removal from country(just like the rest of the world)/you are a citizen, set court dates follow court procedures.

Democrats are focking hypocrites. Not once they raised the issue previously when Obama, nicknamed "the deporter in chief" deported people like that.. But now it's a porblem because Trump is there. The issue is not the issue, the issue is just power and control.

It guarantees a process not a hearing

"The idea that due process doesn't guarantee a hearing is ridiculous. Fair hearings are a fundamental part of our justice system" - Unknown

@SecNoem happens to be wrong about the definition of due process.

HAHAHAHAHAHAHA (It does)