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Tuesday, August 27, 2019

SALLY MORRIS:  DUE PROCESS IN THE BALANCE

It seems like the season to deep-six due process.  First we had the "#MeToo" movement, which demands that we forget about evidence or due process of law and just "throw the SOB's in the hoosegow" on the say-so of the allegedly "wronged" woman in the alleged "incident".  Now that we've established that, it's time to move on to the rest of the citizenry.  That is exactly what so-called "Red Flag" laws would do - eliminate normal due process in seizing a citizen's firearms on the say-so of potentially anyone - ex-lover, ex-employee, quarrelsome neighbor, angry mother-in-law, rival of any kind.  It can be used to deprive Veterans of their rights simply for having served their country, depending on a lot of circumstances and unresolved questions.  

We all want to reduce crime of all kinds, especially violent crime and certainly gun-related crime.   But we are being rushed into some pretty important decisions without reasoned debate or consideration of the many "unintended" consequences.  The quotation marks here are used advisedly.  There are many who are more interested in slashing apart our Constitution and Bill of Rights than they are in gun crime.  That is why debate is shut down.  If we hold out for full discussion of the perils of elimination of due process then we are labeled.  If we seek to learn the outcomes of similar legislation elsewhere or the possible "other" consequences, we are extremists.  We are, perhaps, "white supremicists", or "tin-hat conspiracy theorists" or calcified "dinosaurs" who want to protect a "yellowed parchment".  We are "bitter clingers".  Whatever name they can conjure up to marginalize those of us to whom the rule of law is still important.  It's just not fashionable.

In North Dakota the issue was raised again this summer in another effort to put this over.  Fortunately wiser heads prevailed in Bismarck and the bill was defeated.  It's too soon to cheer, though.  These people are nothing if not persistent.  They will keep at it.  Many other states have succumbed to the mindless herd mentality.  Some will be disappointed in Trump's and Burgum's jumping on the bandwagon.  Some, of course, will not be so surprised.  It is another warning not to go by labels.  These two are supposedly "Republicans".  People vote for Republicans under the assumption that they care about the Constitution.  

It is a very small step from a well-meaning but unthinking law abolishing due process in the case of rape or guns to abolishing the whole idea of due process.  It may be expedient some day for you to go to jail or be deprived of your rights.  Maybe not because you did anything wrong, but it might just seem to the powers that be that it would be "better" that way.  Safer.  Fewer problems maybe.  It has been said that self-government and rule of law is the most difficult form of government there is, and with good reason.  We need to know our laws and the reasons for them, we need to know how a bill will impact those laws and the rights they are supposed to protect.  There is always a trade-off.  Those who prefer to live in freedom must accept some risk.  Those who would avoid all risk are living in a dream world, for they will have no less risk but no freedom.  And then there are those who pull the strings - the ones who shut down debate and silence discussion of things as fundamental to our freedom as due process of law.  Read the Second, Fourth and Fifth Amendments. They did not come from a fortune cookie or a bubble gum wrapper.  They came from long, careful consideration and open debate of the most important elements of freedom.  

 

Here's a short video on North Dakota's decision (at least for now):  https://www.kfyrtv.com/content/news/Presidents-call-for-Red-Flag-law-renews-discussion-in-North-Dakota-

521608221.html

Read and share!  

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