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In reply to the discussion: Divided Supreme Court rules against death row inmate with rare condition [View all]qazplm135
(7,654 posts)but the answer to the key question is all over my response. Maybe try reading it again?
It "doesn't just say cannot be deprived of life" (or liberty or property) because, in theory, you COULD deprive someone of those things IF you have the requisite due process.
IF you do NOT have the requisite due process then you CAN'T deprive someone of liberty property or...wait for it...life.
So, guess who determines if in fact you have the requisite due process for each of those things.
It's not the executive branch. It's not the legislative branch.
Who could it be??!
Do tell what happened in 1972 then. Because I thought the Supreme Court ruled that the current paradigm was not...again, wait for it...good enough due process and suspended the DP until there was. But you are clearly the constitutional law scholar so tell us what really happened then.