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User: wackjum

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  1. Not a violation of the 5th or due process on Executive Order Overturns US Fifth Amendment · · Score: 2, Informative

    It may have been explained elsewhere but I will do so just to make sure This is not a violation of due process or the 5th amendment. The 5th amendment refers to a permanent deprivation. For example, imagine you have just been arrested on suspicion of robbing a convenient store. You are taken to jail and locked up until your hearing when you may be given the option of posting bail. You were deprived of liberty while locked up and without any sort of hearing. This happens everyday at the county jail. Another example: Any person can go to a Court and request a temporary restraining order preventing another person from doing X. If the person can demonstrate a legitimate claim/reason and can demonstrate that the controversy will become moot without prompt action, the Court can issue the preliminary injunction "Ex parte." The other party is not notified nor given a chance to respond before having their property frozen. After that, a hearing or trial will be held to determine whether the injunction will become permanent. Again, this is not a violation of due process and is not a violation of the 5th amendment as the headline claims.