Thursday, August 8, 2019

A Due Process case

The local elected council passes a aw that says more than five parking tickets makes one unqualified to be a cop. The young kid was a pizza delivery  person, sterling driving record, except for parking tickets.

The test, was the young kid deseleced based on criteria unrelated to the job? Now the 14th says this situation requires an appeal, or review process, in case of a right violation. So the kid gets his case before a federal judge, the city council claims a democratically elected council in otherwise good standings can make such a law.  This was not ex post, the kid was under the limit when the law was passed, and did not quit his job.

Now, here is the problem, the 14th on due process suddenly collapses as an appearance before the federal judge satisfies the right of appeal. Otherwise, the due process clause says nothing except to default back to the fundamentals.  So, the due process clause is a court jammer, it relies on the judge, not the defendant, the duty of searching for violations of the fundamentals.  It is a court jammer, the defendant was and is a valid, free voter in the town, what is the judge to do, make shit up?

That is why the 14th is so bad in so many ways.

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