Before We Take Something Away: Wh...
Before We Take Something Away: Why Due Process Is More Than Getting It Right

Administrative Remedies by Gwendolyn Savitz and Marc Roark

Episode notes

Gwen and Marc cover the foundational question of procedural due process: Why does the Constitution require the government to give you notice and a hearing before taking something away?

They distinguish procedural due process (how the government acts) from substantive due process (whether it can act at all), explaining why these terms constantly trip people up. They explore why accuracy isn't the only value—legitimacy and dignity matter even when the government gets the right answer. Through examples like welfare terminations and driver's license suspensions, they examine who bears the cost when government makes mistakes and why the timing of process matters as much as the amount of process.

Gwen and Marc discuss Goldberg v. Kelly and Justice Brennan's recognition that cutting someone off from the means of survival while they  ... 

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Keywords
Due process Procedural due processGoldberg v. Kelly Notice and hearing Government benefits Life liberty property Procedural legitimacy