A lot of talk lately has centered around the right of due process and the right to redress grievances in the courts in America. That’s not a surprise, as having to defend the basic constitutional principles of the United States of America against the attacks of other countries has always been a staple of the American experience.
At times – see McCarthyism – it has also been necessary for the people to defend their rights against those in the government who would overreach for “convenience” or to further their own agenda.
It appears we have reached another such inflection point in our great nation. Memories have lapsed about these basic issues and we must once again make a decision as citizens of one of the great democracies in the world.
It comes down to this – do we believe in freedom? We can have disagreements about where and how tax dollars should be spent or whether we should even be taxed, but there should be very little argument on whether a U.S. citizen has the right to redress grievances against the government in court, whether we have the right to due process and if we are innocent until proven guilty.
These are bedrock principles of our nation. If they are removed, the remaining rights crumble.
The Due Process Clause, found in both the Fifth and 14th Amendments to the U.S. Constitution, protects individuals from being deprived of “life, liberty or property” without due process of law. This means that the government, whether federal or state, must follow fair procedures when it takes actions that affect these fundamental rights.
The right to redress grievances and petition the government is enshrined in the First Amendment.
The U.S. Constitution is the thing that binds us together as a nation. We must agree on this, if nothing else.
If a government can simply declare someone is a criminal without any checks and balances, then we are all subject to unjust incarceration. What is to stop those in power from declaring anyone who complains about taxes, gun rights or the competence of elected officials from being labeled a ”criminal” by the powers that be?
Due process is the linchpin of our freedom. If it is taken away, all rights will follow. Having a government that can be held accountable in court is the only thing that stops the country from falling into tyranny.
We must stand up for this basic truth – and remind anyone who may forget.
– Community Newspapers Inc.
What is habeas corpus?
The Latin term habeas corpus means, literally, “you have the body.” Federal courts use a writ of habeas corpus to bring a prisoner before a neutral judge to determine if imprisonment is legal.
The U.S. Constitution’s Suspension Clause, the second clause of Section 9 of Article I, states that habeas corpus “shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it.”