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...n the past, reflecting a nonessential approach to legislating. Such decisions are grounded in the Substances Due Process Clause of the Fourteenth Amendment (a doctrine created by Justice Taney in the Dred Scott case itself derived from the Fifth amendment), which apparently provides citizens protection from the state governments. Substance also refers to morality and decisions based on natural law as opposed to positions. Process is at the heart of democracy because it reflects the legitimate method by which a community can enact laws in a system of representative democracy; to that end, the principal virtue of a process tilting political system is its independence of simultaneous political, moral, or societal pressures. Just as a skilled magician will deliberately show his empty top hat to the audience right before he pulls a rabbit out by its ears, so was judicial review pulled out of thi...

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