In this country, we have No Kings
And due process matters...
“No person shall… be deprived of life, liberty, or property, without due process of law...”
The Fifth Amendment to the Constitution, quoted above, enshrines our basic grant of liberty protection, namely, due process of law. Upon taking office, a President takes an oath to “preserve, protect and defend the Constitution.” Yet Trump when asked if he has a duty to uphold the right to due process for all persons, demurred, saying, “I don't know. I'm not a lawyer. I don’t know.”
Of course he knows what the President is required to do, he just doesn’t want to do it.
This was highlighted just the other day when Trump advisor — and overall ghoul — Stephen Miller, told reporters that the Administration was considering suspending the writ of habeas corpus for detained migrants:
The Constitution is clear, and that, of course, is the supreme law of the land, that the privilege of the writ of habeas corpus can be suspended at a time of invasion. So I would say that’s an action we’re actively looking at. A lot of it depends on whether the courts do the right thing or not.1
And while Miller is correct in noting that the Constitution does allow for suspension of the writ, the kicker is that the power to do so is given to Congress, not the President! Article I sets forth the powers and duties of Congress, and in its only mention of habeas corpus it provides as follows:
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.2
ArtI.S9.C2.
Last I checked, there was no active rebellion or invasion taking place.
Authoritarians like Miller and Trump view the courts as an impediment to their rule. In their minds, the President should be all powerful and the whole notion of “checks and balances” is archaic and must be discarded to meet the moment. Yet that sort of goverance isn’t what takes place in a constitutional republic; it is the rule of a despot, a tyrant, a monarch.
But in this country we don’t do kings.
June 14th — which just happens to be Trump’s 79th birthday and apparently the day for a kingly military parade3 — is the day for us to take to the streets and declare that there are No Kings in this country. If you click on the banner above, it will take you to the Indivisble page where you can find a protest near you. (I will be attending the one in Claremont — if you choose to attend please let me know!)
It is imperative that we make our voices heard. Our presence sends a powerful message that helps strengthen the spines of other actors, such as law firms and colleges, that the people are behind them in their resistance. That we are paying attention to assaults on the rights of those in our communities, no matter who they are. And that the rule of law matters, and we insist that it be enforced.
In community, forward!
Notes
'Shocking': Experts question Trump claiming 'I don't know' about upholding Constitution (ABC News)
Trump Officials Consider Suspending Habeas Corpus for Detained Migrants (New York Times)
Here’s what we know about Trump's June 14 D.C. military parade (Axios)
Habeas corpus — which literally means “you should have the body” — allows for a person to be brought before a judge so the legality of their detention can be decided.
This “Suspension Clause” has only been invoked four times in U.S. history, most recently in Hawaii after the bombing of Pearl Harbor in World War II.
Apparently, 6,600 soldiers, 150 military vehicles, and 50 helicopters are part of the plans developed by the Army.