Posted by: minnow | July 4, 2018

Due Process

The meme below showed up in my FB feed the other day.

The tweet Rep. Lieu refers to is the one below from, of course, 45.

For FAR too many people 45’s proposal sounds like a GREAT idea. Cut through the red tape. Send “those people” back where they belong.

The trouble is, the second we throw out Due Process for ONE we have thrown it out for ALL.

Let me illustrate. A wealthy land owned lives next door to you. He has his eye on a quarter section of your family’s farm, a farm that has been in your family for generations. Everyone in town knows that’s the old XYZ place. Your neighbor makes you an offer but you won’t sell. It’s where  your oldest boy plans to build his home someday. It has a lovely grove of trees, access to a stream. Heck, that pasture stays green all summer. It’s prime grazing land. One evening there’s a knock on your door. You answer. It’s ICE. You’re confused. The officers asks for your name and you give it to them. Immediately you’re told to turn around and put your hands behind your back. There must be a mistake. They ask your name again. You tell them, again. No mistake. They proceed to take you and your family into custody. You begin to object. But, there’s been a report of an illegal immigrant fitting your name and description living at this location. You admit to being that individual. BUT, you scream, you’re not illegal. You’re a natural born citizen. Your family has farmed this land for generations. Everyone in town can testify to that. You’ve got a birth certificate for goodness sake, right here in the file cabinet. You can PROVE everything you say. It doesn’t matter. There’s been a report that you are an illegal alien. And, well, illegals don’t have Due Process any more. There’s no one available for you to prove anything to. A few months later, after you and your family have been put in jail or deported to God knows where, your wealthy “neighbor” buys your entire farm at auction for a fraction of what he offered to pay you for that single quarter section.

Impossible! Think again.

Section 1 of the 14th Amendment states:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

This section of our Constitution is the only thing that stops the government, or those acting under the authority of the government, from taking advantage of US citizens. By offering a means of recourse to those who are not US citizens we guarantee protection to all those who are US citizens. Without the Due Process clause nothing would stop the fictional story above from becoming a reality. All it would take is a person with means and no personal integrity.


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