ABSTRACT

One of the purposes of the Constitution, as stated in the Preamble, is to ensure domestic tranquility. Due process, the Fifth Amendment right, is a procedural right, one that defines the methods that can properly be used to ensure domestic tranquility. Without both, there can be no liberty. Domestic tranquility can easily be achieved without respect for due process, as dictatorships throughout history have shown. It is also quite possible to have a society where due process is respected—even considered sacrosanct—and still lack for domestic tranquility. The latter predicament more closely resembles the situation in the United States today.