Abstract
The American justice system is built around basic guarantees of procedural due process. The Constitution assures certain procedural rights such as notice, an opportunity to be heard, and an impartial jury, not because these rights always ensure successful outcomes, but because they reflect notions of fairness, protection, and equality the nation views as fundamental. While the ultimate goal is that “justice” is served, the Constitution protects “process,” not outcome. If the desire is results-driven, why did the Framers prioritize protecting process over outcome?
Recommended Citation
Kate Frerking,
Reality Check: The Aim of Affirmative Action May Often Miss the Mark of Equal Protection,
89 Mo. L. Rev.
(2024)
Available at: https://scholarship.law.missouri.edu/mlr/vol89/iss1/13