Due Process In The US Constitution Clarified

Here are four things you should know:

1. The Constitution clearly guarantees “due process” to all “person[s].” The Constitution’s 5th Amendment says “no person shall … be deprived of life, liberty or property, without due process of law.” The word “person” makes no distinction between citizens and noncitizens. (The 14th Amendment makes this applicable to the states as well.)

2. The Supreme Court has long held that this promise extends to immigrants in deportation proceedings. In a 1993 opinion, Reno v. Flores, 507 U.S. 292, Justice Antonin Scalia — hardly a left-wing extremist — wrote that “It is well established that the Fifth Amendment entitles aliens to due process of law in deportation proceedings.”

3. Due process doesn’t always require a full trial, however. At the least, immigrants facing deportation are entitled to:

(1) notice of the charges against them (the government must provide an immigrant with a charging document, often called a “notice to appear,” outlining the reasons for potential deportation).

(2) The opportunity to present evidence before an immigration judge to show why they should not be deported (e.g., asylum, student visa, green card, cancellation of removal).

(3) A judgment based on the facts of the case and applicable immigration law.

(4) the right to appeal the decision to a higher court.

4. The right to habeas corpus is fundamental to our legal system. Defandents have used habeas corpus to challenge detentions by government officials since 13th-century England and the Magna Carta. As Alexander Hamilton wrote in Federalist 84, “The subjecting of men to punishment for things which, when they were done, were breaches of no law, and the practice of arbitrary imprisonments, have been, in all ages, the favorite and most formidable instruments of tyranny.”

Hence, the framers provided in the U.S. Constitution that the writ of habeas corpus, carried over from British law, “shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”

Needless to say, we are not now experiencing rebellion or invasion. Moreover, despite what Miller suggests, the authority to suspend the writ is placed in Article I, which outlines the powers of Congress, and not Article II, which lists those of the executive branch.

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Robert Reich - The full article

A Historian's Reflections After The Assassination Attempt

"This morning, after a day of Republicans insisting that it is political polarization to suggest that Trump is a danger to our democracy, U.S. District Judge Aileen Cannon, who was appointed by Trump in the last days of his presidency, dismissed the classified documents case against the former president. She wrote that 'Special Counsel Smith’s appointment violates the Appointments Clause of the United States Constitution.'

"Other federal courts have tested this argument and dismissed it, but Supreme Court justice Clarence Thomas, whose wife Ginni was part of the attempt to overturn the results of the 2020 presidential election, suggested earlier this month that it could be the basis for getting rid of Jack Smith. Cannon cited Thomas repeatedly in her decision."

(continue in article, link at end of post)
 

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"Trump responded to the news exactly as yesterday’s Republican demands that Trump’s opponents stop calling out his lawlessness suggested he would. He posted:

* “As we move forward in Uniting our Nation after the horrific events on Saturday, this dismissal of the Lawless Indictment in Florida should be just the first step, followed quickly by the dismissal of ALL the Witch Hunts—the January 6th Hoax in Washington, D.C., the Manhattan D.A.’s Zombie Case, the New York A.G. Scam, Fake Claims about a woman I never met (a decades old photo in a line with her then husband does not count), and the Georgia “Perfect” Phone Call charges. The Democrat Justice Department coordinated ALL of these Political Attacks, which are an Election Interference conspiracy against Joe Biden’s Political Opponent, ME. Let us come together to END all Weaponization of our Justice System, and Make America Great Again!”

* He, and MAGA, are incorrigible.

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"While Trump has been the presumptive nominee for years, that anointment was contested. Around 20% of Republican primary voters, who tend to be the most loyal and fervent partisans, consistently voted for former South Carolina governor Nikki Haley rather than Trump. Those voters seemed to be concentrated in the suburbs, thus making up a constituency Trump needs to win.

"On the other end of the party’s spectrum, * the fringe right has been saying that Trump is too soft for them. Antisemitic white nationalist Nick Fuentes has told his followers that he and his 'groypers' are fed up with Trump because they are sick of 'battling the Jews in the White House, battling the neocons, battling the Israel-firsters.' (* could this be the shooter's motivation?)

"Conspiracy theorist Alex Jones and right-wing provocateur Ivan Raiklin have speculated for months that removing Trump from the running—they speculated about assassination—would open the way for Trump’s far-right former national security advisor Michael Flynn, and appeared to be putting pressure on Trump to name Flynn as vice president. Yesterday, Raiklin posted on social media a 'Trump/Flynn 2024' graphic with the legend 'FAFO,' under the words “Assassination-Proof.”

"This afternoon, perhaps in hopes of avoiding an embarrassing floor fight, Trump dashed the hopes of both ends of the Republican spectrum by naming Ohio senator J.D. Vance as his vice presidential pick. Vance is 39 and was elected to the Senate in 2022 with the help of $10 million from right-wing billionaire Peter Thiel. In the short time he has been in office, he has echoed Trump’s Big Lie that the 2020 presidential race was stolen, has said that he does not believe in rape or incest exceptions for abortion bans, and that people should stay in violent marriages, and has praised Project 2025. He is pro-Russia and against the North Atlantic Treaty Organization.

It 'will be interesting to see how the RNC attempts to spin Vance as a candidate of Unity,' journalist Anne Applebaum wrote. The Fox News Channel helpfully reminded viewers that Vance has, in the past, said that Trump “might be America’s Hitler,” “might be a cynical a**hole,” and is “cultural heroin,” “noxious,” and “reprehensible.”

Still, factional differences might not matter in today’s Republican Party. This afternoon, in the hall of the RNC convention, attendees chanted, “Fight, fight, fight,” as they punched an arm in the air, in an eerie echo of Germany in the 1930s.

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From Heather Cox Richardson's daily article: 

https://open.substack.com/pub/heathercoxrichardson/p/july-15-2024

All Experts Out Of The US Federal Government If Republicans Win

"In a scathing dissent from the bench on Friday, Justice Elena Kagan excoriated her conservative colleagues for inserting themselves into the realm of current and future regulation and warned of an impending massive shock to the administrative system.

'A longstanding precedent at the crux of administrative governance thus falls victim to a bald assertion of judicial authority,' Kagan said of the court’s ruling. 'The majority disdains restraint, and grasps for power.'

"In a 6-3 ruling, the justices on Friday ended the 40-year practice that informed federal judges’ decision-making when federal agencies and their actions were challenged. The high court's 1984 ruling in Chevron v. Natural Resources Defense Council had limited judicial decision-making in favor of agency expertise.

"A range of experts jumped on Kagan’s premonition, joining her in warning that Friday's decision will have far-reaching effects. From the halls of Congress to federal courtrooms, they say the decision opens the window for an increase in litigation against federal rules, as well as a potential chill on new ones.

“The federal government and environmental groups are going to be up to our ears in litigation just trying to preserve the status quo,” Sam Sankar, the senior vice president of programs at Earthjustice, said in a press briefing following the ruling."

As bad as the recent "Presidential Immunity" decision of the US Supreme Court was, this may have more harm. 

Click on the link below for more:

Ignorance and power trump expertise 

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How Does Trump's Character Compare To Other US Presidents?

"Historian Michael Beschloss on how Trump’s challenges in the courtroom line up against a larger history of presidential legal woes."

Click on the link below for a podcast presenting a historical view of many Presidents regarding legal events and character flaws:

What’s Past is Prologue for Presidential Norms

The Null Hypothesis: The Foundation & Success Of Science

In simple terms, the scientific "null hypothesis" and the legal "presumption of innocence" principles are the bedrock of an enlightened society. Click on the link below for a video clearly presenting how atheists defend the null hypothesis in their opinion on religion:

Atheism, the Null Hypothesis

How The Powerful Get Away With It

"Elie Honig is a former federal and state prosecutor. He’s currently a CNN senior legal analyst and a contributor and host of Up Against The Mob at CAFE. He joins Preet to discuss his new book “Untouchable: How Powerful People Get Away with It.” It documents the similarities between top mafia bosses and Donald Trump, how intimidation is used in and out of the courtroom, how prosecutors choose which cases to pursue, and more."

Click on the link below for an in-depth podcast on the corruption within the justice system in the USA:

Above the law?

Affirmative Action: Its Importance

"Today, we’re going to talk about affirmative action. As you may remember, the Supreme Court recently heard oral arguments in a pair of cases that challenge race-conscious admissions policy at Harvard and the University of North Carolina. As you will also recall, back in February, I discussed those cases with Columbia University President Lee Bollinger, who is a named defendant in two landmark Supreme Court decisions upholding affirmative action in higher education.

"Those precedents are now in jeopardy, serious jeopardy. Now, it turns out that several of my law partners at WilmerHale have been representing Harvard in defense of affirmative action, from the trial court all the way to the Supreme Court, and one of those lawyers is my guest today, longtime Civil Rights Lawyer, Debo Adegbile. Debo currently serves on the U.S. Commission on Civil Rights. Earlier in his career, he served as Director of Litigation and acting President of the NAACP Legal Defense Fund. He’s also served as Senior Counsel to the Senate Judiciary Committee. Debo, welcome to the show."

Click on the link below for a 24-min podcast on the subject:

In Brief: Affirmative Action at the High Court

THE Major Danger Of Christianity In The USA?

"A federal court ruling allows a Kentucky photography business to openly discriminate against protected classes of citizens under the guise of religious freedom. Constitutional and civil rights attorney, Andrew Seidel, joins us to discuss how this is merely the tip of the iceberg when it comes to the victories already proclaimed by a literal cabal of Christian Crusaders pulling the strings at the highest levels of U.S. power."

Click on the link below for a 40-minute video delving into this constitution-breaking movement within the US culture:

How Christian Crusaders Weaponized the Court to Steal a Country

Conservatives And Activist Judges

"Today, we take a look at the decades-long scheme to funnel conservative activist judges into the judiciary to support Republican policy goals and the resulting legal bulwark defending Trump against prosecution and supporting his future election efforts."

Click on the link below for a podcast that follows the history of the legal system mess we have now in the USA:

The System of Activist Judges Defending Trump

Is Taxation Theft?

One doesn't have to go far in the "Trump Era" to find media personalities promoting the idea that taxation is theft, especially in financial media. This Wikipedia page presents the history and support of this ideology, along with representative statements supporting the legality and ethics of taxation. Also, click on the link below for a clear and succinct argument against the claim that taxation is theft:

No, it's not your money: why taxation isn't theft

Applying this taxation ethic, using public funds from taxes for various societal benefits is supported by science as cost-effective. John Oliver gets it.

Advertising And Lies

"What does a company mean when they claim their product is the 'world’s best?' Usually nothing. Step into the weird world of advertising puffery."

Click on the link below:

The "Lies" Advertisers Can Legally Tell You

A True Miracle Drug?

For decades, the political and legal establishments have suppressed growing evidence that cannabis (marijuana) has significant and wide application against many diseases.  Perhaps this one-hour documentary will prompt those in power who, for any reason, have not allowed appropriate research on cannabis and approval for its use as a legitimate form of medicine.

Dateline 5/2018: Growing Promise

 

Abortion From A Legal And Moral Perspective

"Good people disagree about the morality of abortion because we disagree about what defines human nature. First trimester abortions may have absolutely no moral implications whatsoever -- perhaps a first-trimester embryo is no more conscious than a kidney or spleen. Or they may have more serious moral implications. Our culture hasn't come to a consensus on that yet.

"But we know a little bit about murder and the differences between murder and other forms of killing."

Why Abortion Is Different