Pulling the “Due Process” card is about as effective as whipping out the old adage…”I have a right…” I’m guilty as are most all others, only due to ignorance I suppose.
I got thinking more about this Due Process issue after reading an article this morning by Maine Senator Eric Brakey published in the Maine Wire. The foundation of Brakey’s piece is rooted in a proposed “Community Protection Order” legislation that effectively would allow for the “unconstitutional” confiscation of “weapons” from anyone the “court” deems as a possible “problem” and/or suspect to violent behavior. What could possibly go wrong?
What’s wrong with this political ideology rolled into a bill proposal is that it smells terribly of what many of us like to refer to as the violation of “Due Process.”
Brakey writes: “…a gun confiscation order may be issued “ex-parte,” which means without any notice. No due process. No opportunity to defend yourself in a court of law.
With gun confiscation orders, you are only entitled to learn your rights have been stripped away when the SWAT team comes to your door to “collect” your guns.”
What is Due Process? Is this some magic protection act that ensures that nothing will ever go wrong? Is Due Process as effective as any other element of the U.S. Constitution and Bill of Rights?
According to Cornell Law School Legal Information Institute, Due Process is as defined in brevity: “The Constitution states only one command twice. The Fifth Amendment says to the federal government that no one shall be “deprived of life, liberty or property without due process of law.” The Fourteenth Amendment, ratified in 1868, uses the same eleven words, called the Due Process Clause, to describe a legal obligation of all states. These words have as their central promise an assurance that all levels of American government must operate within the law (“legality”) and provide fair procedures.” (emboldening added)
Written by James Hirby and published at the Black’s Law Dictionary website, we read: “Law Enforcement & Protection American criminal justice, a powerful engine of public safety and social control, operates under a balanced constitutional system to ensure that it does not become oppressive. The three aims of government stated in the preamble are relevant to criminal justice: (1) ‘establish justice’ – establish courts of law and other means to allow individuals to pursue justice when conflicts arise; (2) ‘insure domestic tranquility’ – create the means to suppress riots, prevent crime and secure public safety or order; and (3) ‘secure the blessings of liberty to ourselves and our posterity.’ Order and liberty are both necessary for a stable society yet often conflict with one another.” (emboldening added)
Isn’t this all simply subjective idealism open to abuse by anyone with money and power to upset this “balanced constitutional system?” If order and liberty are both necessary for a stable society, then what happens to order and liberty when those two subjective terms no longer fit some or all of our political narratives or social ideals? Due Process be damned!!
While it is easy to claim the rights to Due Process, it is equally easy to claim the rights to keep and bear arms and the freedom of choice as to how to defend me, my family, and my property.
Due Process of the Law is nothing more than precisely what it says. Subjective idealism pounded into our brains from birth wants to incorrectly tell us that Due Process protects us from tyrannical laws (oppression) and that some mythical “balanced constitutional system to ensure that it does not become oppressive” guarantees us that we are protected.
Due Process be Damned!!!!!!
Due Process is nothing more than carrying out the laws created by our governments. We have so many terrible arguments and excuses of how the governmental entities have no right to make unconstitutional laws, yet we ignorantly cherry-pick only those bits and pieces of the Constitution that fit our own narratives, failing to understand that Congress can “make all laws which are necessary and proper” (Article I Section 8) in order to exercise the power they gave themselves when they wrote the Constitution. Congress will and does simply craft yet another law because they have the power to do so and as such render Due Process useless. It is THEIR Due Process, not yours or mine.
Due Process be Damned!!!!!!
What may have been your grandfather’s “Due Process” doesn’t even carry the same DNA as today’s Due Process and at the rate things are changing and that “balanced constitutional system” gets more and more out of whack – to those with sense enough to see it – we have as much hope remaining to cling to Due Process as we do the Second Amendment or any other Constitutional article that might stand in the way of the Global Power Structure.
Due Process is a subjective matter and was designed as such. Due Process is as much as society will tolerate and the government can get away with. Even though society believes that the Constitution gives them Due Process and that this “balanced constitutional system” works, they are wrong. We even constantly hear of those screaming to get out and vote in order to get those wanting to upset that “balanced constitutional system” (rigged) out of office and replaced with another clone/drone and yet, nothing ever changes. Oppression and tyranny march forward in a slow and methodical pace, hidden behind a shroud of watered-down constitutional rights and due process.
Invoking Due Process is a worthless instrument. So long as Congress “makes all laws which are necessary and proper” and voting in new blood doesn’t change anything, then we are left with but one choice – continue to convince ourselves that we are guaranteed Due Process, along with all those other “rights” meted out by men for slaves.
Due Process be Damned!!!!!
