{"id":2744,"date":"2018-03-19T22:04:14","date_gmt":"2018-03-20T02:04:14","guid":{"rendered":"http:\/\/dansdigitaldive.com\/web\/?p=2744"},"modified":"2018-03-19T22:06:01","modified_gmt":"2018-03-20T02:06:01","slug":"are-we-guaranteed-due-process","status":"publish","type":"post","link":"https:\/\/dansdigitaldive.com\/web\/archives\/2744","title":{"rendered":"Are we guaranteed Due Process?"},"content":{"rendered":"<p><img data-recalc-dims=\"1\" loading=\"lazy\" decoding=\"async\" class=\"alignleft wp-image-2748 size-medium\" src=\"https:\/\/i0.wp.com\/dansdigitaldive.com\/web\/wp-content\/uploads\/2018\/03\/c8da1fe50c4002832e8c6587d69a7cf9.jpg?resize=215%2C300&#038;ssl=1\" alt=\"https:\/\/www.pinterest.de\/pin\/176625616614414593\/\" width=\"215\" height=\"300\" srcset=\"https:\/\/i0.wp.com\/dansdigitaldive.com\/web\/wp-content\/uploads\/2018\/03\/c8da1fe50c4002832e8c6587d69a7cf9.jpg?resize=215%2C300&amp;ssl=1 215w, https:\/\/i0.wp.com\/dansdigitaldive.com\/web\/wp-content\/uploads\/2018\/03\/c8da1fe50c4002832e8c6587d69a7cf9.jpg?resize=768%2C1074&amp;ssl=1 768w, https:\/\/i0.wp.com\/dansdigitaldive.com\/web\/wp-content\/uploads\/2018\/03\/c8da1fe50c4002832e8c6587d69a7cf9.jpg?resize=732%2C1024&amp;ssl=1 732w, https:\/\/i0.wp.com\/dansdigitaldive.com\/web\/wp-content\/uploads\/2018\/03\/c8da1fe50c4002832e8c6587d69a7cf9.jpg?resize=106%2C148&amp;ssl=1 106w, https:\/\/i0.wp.com\/dansdigitaldive.com\/web\/wp-content\/uploads\/2018\/03\/c8da1fe50c4002832e8c6587d69a7cf9.jpg?resize=22%2C31&amp;ssl=1 22w, https:\/\/i0.wp.com\/dansdigitaldive.com\/web\/wp-content\/uploads\/2018\/03\/c8da1fe50c4002832e8c6587d69a7cf9.jpg?resize=27%2C38&amp;ssl=1 27w, https:\/\/i0.wp.com\/dansdigitaldive.com\/web\/wp-content\/uploads\/2018\/03\/c8da1fe50c4002832e8c6587d69a7cf9.jpg?resize=154%2C215&amp;ssl=1 154w, https:\/\/i0.wp.com\/dansdigitaldive.com\/web\/wp-content\/uploads\/2018\/03\/c8da1fe50c4002832e8c6587d69a7cf9.jpg?w=2000&amp;ssl=1 2000w, https:\/\/i0.wp.com\/dansdigitaldive.com\/web\/wp-content\/uploads\/2018\/03\/c8da1fe50c4002832e8c6587d69a7cf9.jpg?w=3000&amp;ssl=1 3000w\" sizes=\"auto, (max-width: 215px) 100vw, 215px\" \/> The other day, my cat and his friend, we&#8217;ll call him &#8216;the Commodore,&#8217; were discussing the recent school shootings.\u00a0 The Commodore it seems, had recently written a letter to his congressman (lower c intentional). In his letter he said&#8230;<\/p>\n<blockquote><p>I am writing about DUE PROCESS.\u00a0 I understand that when it comes to school shootings, we \u201chave to do something\u201d.\u00a0 Are we sure that the elimination of due process in this matter is the proper course to follow?<\/p>\n<p>What separates us from a third world tin pot dictatorship is due process.<\/p>\n<p>We lost due process when Congress approved the no fly list.\u00a0 It\u2019s only to protect the country they said.\u00a0 It will never happen again they said. Yet here we are\u2026 I will bet that gun owning law abiding citizens never thought they would lose constitutional rights without due process.<\/p>\n<p>What\u2019s next?\u00a0 Perhaps we should suspend due process on deportation of illegal immigrants.\u00a0 After all, they are criminals by definition, and are not US citizens.\u00a0 Why should they have more legal protection than a citizen?<\/p>\n<p>What follows one may consider hyperbole, but look at Nazi Germany and what happened to the Jews.\u00a0 What followed was the holocaust, and it was not just the Jews.\u00a0 It was the Gypsy, the Enemy of State, the non-Aryan bloodline\u2026 the list goes on.<\/p>\n<p>Just remember, you take away one person\u2019s due process thinking it\u2019s for the good of society, and that it will never happen to you\u2026 Think twice, think thrice.<\/p>\n<p>Power corrupts, and absolute power corrupts absolutely.\u00a0 Do the right thing, the hard choices; tighten gun laws, fix the loopholes, provide funding for the mental health issues, advocate a moral life style, encourage families and parenting\u2026 the list goes on\u2026<\/p>\n<p>But, the loss of due process?\u00a0 It\u2019s a slippery slope.<\/p>\n<p>My Nickel<\/p><\/blockquote>\n<p>Needless to say, my cat thought long and hard about what the Commodore wrote, prior to his asking me to publish his letter.\u00a0 Like my cat, I happen to agree.\u00a0 Without Due Process, we are no better than every other country with a tin pot dictator.\u00a0 I guess the basic question is this, are we, as citizens, guaranteed due process from our government?\u00a0 I would have to say yes, although note, I said nothing of law enforcement.\u00a0 Law enforcement is reactionary, not preventive, by the shear nature of their mandate. This begs a question to be asked, can a local government take you guns away?\u00a0 The short answer is: Yes they can.\u00a0 There are four examples given in an article by website:\u00a0<a href=\"https:\/\/www.libertyblock.com\/single-post\/GovernmentCanConfiscateGuns\">www.libertyblock.com<\/a>. What are the reasons cited?\u00a0 They include:<\/p>\n<ol>\n<li>Mental illness: While I don&#8217;t think many would argue that a nut case shouldn&#8217;t own a gun, the problem comes as to WHO says a person is a nut case.<\/li>\n<li>Disaster confiscation:\u00a0 After a disaster, the police can confiscate any and all firearms for the safety of the citizenry. I&#8217;m not saying it&#8217;s a good idea; just that they can, which surprised me, as I didn&#8217;t know that.<\/li>\n<li>Self-defense firearm use: Yep, unlike your memory, if you use your gun, you may just lose it.<\/li>\n<li>Marijuana: Another reason that I found interesting, along with the other controlled substances.<\/li>\n<\/ol>\n<p>Given the good news provided by the Liberty Block, it seems any law abiding gun owner is screwed.\u00a0 I would hope not.\u00a0 I have faith in our legal system, but we, as a nation have to insist that the authorities follow the legal system, and do not shortcut when it is &#8220;economically prudent&#8221; to do so. Remember these three things about our lady, Justice:<\/p>\n<ul>\n<li>Her blindfold represents objectivity, in that justice is or should be meted out objectively, without fear or favor, regardless of money, wealth, power, or identity; blind justice and impartiality.<\/li>\n<li>In her left hand, Lady Justice holds balance scales, which represent the weighing of evidence. When taken with the blindfold, the symbolism is that evidence must be weighed on its own merit.<\/li>\n<li>In her right hand, Lady Justice is seen to have a sword that faces downwards. This sword represents punishment. This sword is held below the scales to show that evidence and court is always held before punishment.<\/li>\n<\/ul>\n<p>We, as a citizenry, are guaranteed due process by the Federal government (Fifth Amendment) and our State governments (14th Amendment).\u00a0 But what, exactly, is <a href=\"http:\/\/www.lincoln.edu\/criminaljustice\/hr\/Dueprocess.htm\">Due Process<\/a>?\u00a0 Due process\u00a0embodies society&#8217;s basic notions of legal fairness, AND the courts have interpreted the language of these Amendments as a limitation on substantive powers of legislatures to pass laws affecting various aspects of life.<\/p>\n<p>We are a great land, a power, of the people, by the people, and for the people &#8211; all the people.\u00a0 What say you?<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The other day, my cat and his friend, we&#8217;ll call him &#8216;the Commodore,&#8217; were discussing the recent school shootings.\u00a0 The Commodore it seems, had recently written a letter to his congressman (lower c intentional). In his letter he said&#8230; I &hellip; <a href=\"https:\/\/dansdigitaldive.com\/web\/archives\/2744\">Continued<\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"kt_blocks_editor_width":"","jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[8,4,16],"tags":[50,80,91,82,59,93],"class_list":["post-2744","post","type-post","status-publish","format-standard","hentry","category-life","category-politics","category-rants-raves","tag-america","tag-duty","tag-responsibilities","tag-rights","tag-security","tag-us-constitution"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":15065,"url":"https:\/\/dansdigitaldive.com\/web\/archives\/15065","url_meta":{"origin":2744,"position":0},"title":"Virginia vs. the Fed\u2026. Who\u2019s got the better case?","author":"DR D","date":"October 26, 2024","format":false,"excerpt":"Recently, the governor of Virginia, Glen Younkin, ordered the removal of 1600+ individuals from Virginia\u2019s voting roster.\u00a0 These 1600+ people were previously identified, and are known non-citizens.\u00a0 According to the governor\u2019s press secretary, \u201c\u2026everyone who was removed from the voter roll [has] 14 days to come back and demonstrate that\u2026","rel":"","context":"In &quot;Politics&quot;","block_context":{"text":"Politics","link":"https:\/\/dansdigitaldive.com\/web\/archives\/category\/politics"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/dansdigitaldive.com\/web\/wp-content\/uploads\/2016\/03\/virginia_Seal.jpg?fit=300%2C300&ssl=1&resize=350%2C200","width":350,"height":200},"classes":[]},{"id":15097,"url":"https:\/\/dansdigitaldive.com\/web\/archives\/15097","url_meta":{"origin":2744,"position":1},"title":"Who\u2019s Responsible for the Political Violence??","author":"DR D","date":"September 21, 2025","format":false,"excerpt":"Strap in boys and girls, this is gonna be a long one!\u00a0 For the past few days, ok, the last week or so, I\u2019ve been in heavy discussion with my cat on the issue of free speech, or, in my opinion, the slippery slope of its erosion.\u00a0 I am of\u2026","rel":"","context":"In &quot;Politics&quot;","block_context":{"text":"Politics","link":"https:\/\/dansdigitaldive.com\/web\/archives\/category\/politics"},"img":{"alt_text":"The Constitution, I read it for the Articles","src":"https:\/\/i0.wp.com\/dansdigitaldive.com\/web\/wp-content\/uploads\/2014\/08\/20140812_130401-e1758501508584.jpg?fit=700%2C475&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/dansdigitaldive.com\/web\/wp-content\/uploads\/2014\/08\/20140812_130401-e1758501508584.jpg?fit=700%2C475&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/dansdigitaldive.com\/web\/wp-content\/uploads\/2014\/08\/20140812_130401-e1758501508584.jpg?fit=700%2C475&ssl=1&resize=525%2C300 1.5x, https:\/\/i0.wp.com\/dansdigitaldive.com\/web\/wp-content\/uploads\/2014\/08\/20140812_130401-e1758501508584.jpg?fit=700%2C475&ssl=1&resize=700%2C400 2x"},"classes":[]},{"id":935,"url":"https:\/\/dansdigitaldive.com\/web\/archives\/935","url_meta":{"origin":2744,"position":2},"title":"American Gestapo","author":"DR D","date":"April 23, 2013","format":false,"excerpt":"With the recent shootings, and the bombings in Boston, MA, there have been new calls for gun legislation, immigration reform and prosecuting the bombing suspects as terrorist.\u00a0 We (as a country) need to be very, very careful about the precedents we set.\u00a0 Look at what we got from our rush\u2026","rel":"","context":"In &quot;Rants &amp; Raves&quot;","block_context":{"text":"Rants &amp; Raves","link":"https:\/\/dansdigitaldive.com\/web\/archives\/category\/rants-raves"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":940,"url":"https:\/\/dansdigitaldive.com\/web\/archives\/940","url_meta":{"origin":2744,"position":3},"title":"What\u2019s a Poor Congressman To Do?","author":"John Sweeney","date":"April 25, 2013","format":false,"excerpt":"My congressman sent out an e-mail in which he was inexplicably whining about some backlash he\u2019s gotten from his constituents over some recent political decisions.\u00a0 He appeared genuinely perplexed at why we would be upset, and went on to wonder if compromise and \u201cgetting along\u201d would ever be possible in\u2026","rel":"","context":"In &quot;AoM&quot;","block_context":{"text":"AoM","link":"https:\/\/dansdigitaldive.com\/web\/archives\/category\/rants-raves\/aom"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":2555,"url":"https:\/\/dansdigitaldive.com\/web\/archives\/2555","url_meta":{"origin":2744,"position":4},"title":"Rest in Peace Swift","author":"DR D","date":"October 10, 2016","format":false,"excerpt":"On October 1, 2016 the HSV-2 Swift, a proof of concept ship, was severely damaged in a missile attack off the coast of Mokha, Yemen. \u00a0A friend of mine served on her while the ship was under the\u00a0US Navy. \u00a0He said she was a fine ship and a delight to\u2026","rel":"","context":"In &quot;Life&quot;","block_context":{"text":"Life","link":"https:\/\/dansdigitaldive.com\/web\/archives\/category\/life"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1004,"url":"https:\/\/dansdigitaldive.com\/web\/archives\/1004","url_meta":{"origin":2744,"position":5},"title":"Memorial Day 2013","author":"DR D","date":"May 27, 2013","format":false,"excerpt":"Tonight I watched the National Memorial Day concert on PBS. It was really good and touching. There was a very moving story about two brothers, one who lost a leg, and his brother; who took his own life due to PTSD. There was alos a tribute to Charles Durning. It\u2026","rel":"","context":"In &quot;Life&quot;","block_context":{"text":"Life","link":"https:\/\/dansdigitaldive.com\/web\/archives\/category\/life"},"img":{"alt_text":"Holding the National Ensign","src":"https:\/\/i0.wp.com\/dansdigitaldive.com\/web\/wp-content\/uploads\/2013\/05\/holdingTheColors-2005-150x150.jpg?resize=350%2C200","width":350,"height":200},"classes":[]}],"_links":{"self":[{"href":"https:\/\/dansdigitaldive.com\/web\/wp-json\/wp\/v2\/posts\/2744","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/dansdigitaldive.com\/web\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/dansdigitaldive.com\/web\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/dansdigitaldive.com\/web\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/dansdigitaldive.com\/web\/wp-json\/wp\/v2\/comments?post=2744"}],"version-history":[{"count":7,"href":"https:\/\/dansdigitaldive.com\/web\/wp-json\/wp\/v2\/posts\/2744\/revisions"}],"predecessor-version":[{"id":2753,"href":"https:\/\/dansdigitaldive.com\/web\/wp-json\/wp\/v2\/posts\/2744\/revisions\/2753"}],"wp:attachment":[{"href":"https:\/\/dansdigitaldive.com\/web\/wp-json\/wp\/v2\/media?parent=2744"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/dansdigitaldive.com\/web\/wp-json\/wp\/v2\/categories?post=2744"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/dansdigitaldive.com\/web\/wp-json\/wp\/v2\/tags?post=2744"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}