I remember saying the Pledge of Allegiance every morning in school. And I believed those words. I have always believed these words from which I understand that the U.S. is a republic (not a true democracy) and that everyone is entitled to "liberty and justice".
It seems that forces in our country right now would have us forget that based upon our Constitution ". . . with liberty and justice for all" is a bedrock principle of our society and country.
I had an enjoyably heated discussion the other evening about the principle of due process. Apparently, some of our leaders and many citizens do not believe that due process is entitled by all people in the United States. Reviewing three of the salient Amendments to the Constitution makes the point that liberty and justice for all is not just a convenient idea, but it is embedded in our laws as also is due process.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. (Cornell Law School)
What is happening? It is routinely reported that warrantless searches of homes are being conducted by government officials. The exclusion describes in the interpretation of this amendment is, I believe, being exaggerated. These searches, therefore, may violate this amendment. It has also been reported that people are being whisked off the streets by masked officers who do not display their official affiliation. I cannot see how this can be legal?
Amendment XIV (portion of section 1)
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. (National Constitution Center)
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. (National Constitution Center)
Amendments five and fourteen go together to protect life and liberty while ensuring due process. I found it instructive in the Fourteenth Amendment that one portion specifies citizens, which are defined earlier in the amendment, but the next sentence states "any person." It is an important distinction because the constitutional protections are for everyone within the United States. For the purposes of Liberty and Justice for all, the constitution applies to everyone: illegal immigrants and legal visitors as well as citizens. And it further states persons are entitled to due process.
Due process is where mistakes can be corrected, like trying to deport a citizen. Citizens cannot be deported by definition. And as for immigrants, dismissing legal asylum claims violates due process.
Liberty and Justice for all. That is what it is all about. Just because ensuring liberty, justice and due process may be inconvenient, does not justify abridging rights guaranteed by the Constitution.
-- Bob Doan, Elkridge, MD