Due Process Quotes

It is fundamental that the great powers of Congress to conduct war and to regulate the Nation's foreign relations are subject to the constitutional requirements of due process. The imperative necessity for safeguarding these rights to procedural due process under the gravest of emergencies has existed throughout our constitutional history, for it is then, under the pressing exigencies of crisis, that there is the greatest temptation to dispense with fundamental constitutional guarantees which, it is feared, will inhibit governmental action.

How is it that we have sodomy protected under that due process but prostitution unprotected? It's schizophrenic.

It is hardly lack of due process for the Government to regulate that which it subsidizes.

We're not allowed to carry out harsh interrogations anymore, but we're allowed to fly over somebody's village, without due process, and kill them all?

We have laws to deal with people who defame other people's religion. We have laws to deal with people who try to blow up our citizens. We have due process. We have laws to deal with people who we capture during combat and war, but somehow Guantanamo Bay seems to be outside all that. And perhaps it's being maintained with the view to what people are talking about now, this idea of the "long war," that this is going to go on and on, and perhaps Iran is going to be next.

I'm a lawyer. I go for due process; I go for fairness and equity - these values mean a lot to me.

I mean, we do believe in due process in America. I thought we did.

I suggest due process, speedy trials, and public hangings.

This is really a pretty good system you have here. What do you call it? "Due process". We're very proud of it.

I have to make the very best judgments I can make in terms of what's gonna keep the American people safe. And is what, what's gonna uphold our Constitution and our traditions of due process.

Due process is a growth too sturdy to succumb to the infection of the least ingredient of error.

I think that all of us, as Americans, are due due process and have a right to a fair trial, and have a right to be considered innocent until proven guilty. I think that is the American way and it's the foundation upon which this country was built.

Due process and judicial process are not one and the same, particularly when it comes to national security.

We will not be driven by fear ... if we remember that we are not descended from fearful men.

America is the promised land, because each generation bequeathed to its children a promise, a promise that they might not come to enjoy but which they fully expected their offspring to fulfill. So the words 'all men are created equal' took a life of its own, ultimately destined to end slavery and enfranchise women. And the words 'equal protection' and 'due process' inevitably led to the end of the words 'separate but equal,' ensuring that the walls of segregation would crumble, whether at the lunch counter or at the voting booth.

Due process requires some definite link, some minimum connection, between a state and the person, property or transaction it seeks to tax.

[on Edward Snowden] He should be brought back from Russia and given due process, and I think the proper outcome would be that he would be given a death sentence.

Someone responding to the story said 'real spies do not speak like that'. Well, I am a spy and that is how they talk. Whenever we had a debate in the office on how to handle crimes, they do not defend due process - they defend decisive action. They say it is better to kick someone out of a plane than let these people have a day in court. It is an authoritarian mindset in general.

The definition of hell in the legal system is: endless due process and no justice; (in the corporate world) it would be: endless due diligence and no horse sense.

I am attacked equally by the hard right and the hard left for expressing what they regard as politically incorrect views. I thrive on such controversy and welcome it. It only encourages me to speak out more. I have not been affected by attacks on me for defending freedom of speech and due process.

Left-wing zealots have often been prepared to ride roughshod over due process and basic considerations of fairness when they think they can get away with it. For them the ends always seems to justify the means. That is precisely how their predecessors came to create the gulag.

Whatever disagreement there may be as to the scope of the phrase "due process of law" there can be no doubt that it embraces the fundamental conception of a fair trial, with opportunity to be heard.

Ylli, Agron and Mehmet were never given a fair and public trial, an opportunity to defend themselves, or any semblance of due process. Their post-conflict, extrajudicial killing was cold-blooded murder.

Use of a mentally ill person's involuntary confession is antithetical to the notion of fundamental fairness embodied in the due process clause.

The American founders, when framing their governments, looked to the Bible for insights into human nature, civic virtue, social order, political authority and other concepts essential to the establishment of a political society. They saw in Scripture political and legal models - such as republicanism, separation of powers, and due process of law - that they believed enjoyed divine favor and were worthy of emulation in their polities.

Outside of America, there are many people, myself included, who champion values that, in some senses, could be thought of as traditionally American - the idea that everybody's equal, that the rights of women and men should be the same, that there should be no discrimination on religious or sexual orientation, that democracy and rule of law and due process are the ways in which society should govern themselves and minorities should be cared for.

I don't think that the forms of feminism that are prevailing on campus are left wing. It's a conservative form of feminism in gender politics and there [isn't] anything particularly progressive about it. That's what is baffling. You've got conservatives acting like liberals touting free speech and due process.

When you couple this militarization of law enforcement with an erosion of civil liberties and due process that allows the police to become judge and jury - national security letters, no-knock searches, broad general warrants, pre-conviction forfeiture - we begin to have a very serious problem on our hands.

One of the specific powers and responsibilities of the federal government is to secure the borders. Property can be taken with due process of law and just compensation.

In the blood-heat of pursuing the enemy, many people are forgetting what we are fighting for. We are fighting for our hard-won liberty and freedom; for our Constitution and the due processes of our laws; and for the right to differ in ideas, religion and politics. I am convinced that in your zeal to fight against our enemies, you, too, have forgotten what you are fighting for.

The Supreme Court has said that: Marriage is the most important relation in life. Now that's being withheld from the plaintiffs. It is the foundation of society. It is essential to the orderly pursuit of happiness. It's a right of privacy older than the Bill of Rights and older than our political parties. One of the liberties protected by the Due Process Clause. A right of intimacy to the degree of being sacred. And a liberty right equally available to a person in a homosexual relationship as to heterosexual persons.

[T]he guilty as well as the innocent are entitled to due process of law. They are entitled to a fair trial. They are entitled to counsel. They are entitled to fair treatment from the police. The law enforcement officer has the same duty as the citizen-indeed, he has a higher duty-to abide by the letter and spirit of our Constitution and laws. You yourselves must be careful to obey the letter of the law. You yourselves must be intellectually honest in the enforcement of the law.

Bad facts make bad law, and people who write bad laws are in my opinion more dangerous than songwriters who celebrate sexuality. Freedom of speech, freedom of religious thought, and the right to due process for composers, performers and retailers are imperiled if the PMRC and the major labels consummate this nasty bargain.

It is true that I voted against the National Defense Authorization Act, because when I campaigned in Texas I told voters in Texas that I would oppose the federal government having the authority to detain U.S. citizens permanently with no due process. I have repeatedly supported an effort to take that out of that bill, and I honored that campaign commitment.

We're not descended from fearful men - not from men who feared to write, to speak, to associate, and to defend causes that were, for the moment, unpopular.

We recognize that same-sex marriage makes some people deeply uncomfortable. However, inertia and apprehension are not legitimate bases for denying same-sex couples due process and equal protection of the laws. Civil marriage is one of the cornerstones of our way of life. It allows individuals to celebrate and publicly declare their intentions to form lifelong partnerships, which provide unparalleled intimacy, companionship, emotional support and security.

The death penalty, I think, is a terrible scar on American justice, especially the concept of equal justice under law, but also of due process. And it goes state by state, and it's different in different states.

Killing a bunch of people in Sudan and Yemen and Pakistan, it's like, "Who cares - we don't know them." But the current discussion is framed as "When can the President kill an American citizen?" Now in my mind, killing a non-American citizen without due process is just as criminal as killing an American citizen without due process - but whatever gets us to the table to discuss this thing, we're going to take it.

Now, how do you explain Obama's claim, that he can kill American citizens without due process? Well, he has his attorney general get up and say, "Well, it doesn't say in the constitution judicial process. It just says due process." Now that's a lawyerly diversion from the truth.

Our bill of rights has been shredded. The fourth amendment specifically prohibits the kind of activities the NSA is involved in domestically. The fifth amendment prohibits any president or anyone else from killing anyone without due process.

Everyone knows that due process means judicial process, and when John Brennan brings him a list of people to be killed this particular week, that's not due process. That's certainly not judicial process. So there's the fifth amendment. Not even George Bush claimed the right to kill American citizens without due process.

We are trying to identify employers that might be [hiring illegal aliens] and to take effective action against them. We're trying to make sure that employers that want to cooperate have a system whereby they can verify the employment status of a person that they are seeking to hire. It is part of a comprehensive initiative in which we look both at the border, at the workplace, at criminal aliens, in an attempt to have a comprehensive effort aimed at stopping illegal immigration while at the same time promoting legal immigration according to principles of due process.

Every day, IRS agents levy liens on homes, bank accounts, and businesses; they confiscate cars, furniture, boats, and other personal property without the constitutional protections of due notice, hearing, and due process. If a person forcibly resists, government agents kill him for resisting arrest.

The civil forfeiture law - if something so devoid of due process can be dignified as law - is an incentive for perverse behavior: Predatory government agencies get to pocket the proceeds from property they seize from Americans without even charging them with, let alone convicting them of, crimes. Criminals are treated better than this because they lose the fruits of their criminality only after being convicted.

We will not be driven by fear into an age of unreason.

The second term of the Bush administration and first five years of the Obama presidency have been devoted to codifying and institutionalizing the vast and unchecked powers that are typically vested in leaders in the name of war. Those powers of secrecy, indefinite detention, mass surveillance, and due-process-free assassination are not going anywhere. They are now permanent fixtures not only in the US political system but, worse, in American political culture.

That no free government, nor the blessings of liberty, can be preserved to any people, but by a firm adherence to justice, moderation, temperance, frugality, and virtue; by frequent recurrence to fundamental principles; and by the recognition by all citizens that they have duties as well as rights, and that such rights cannot be enjoyed save in a society where law is respected and due process is observed.

We must not confuse dissent with disloyalty. We must remember always that accusation is not proof and that conviction depends upon evidence and due process of law. We will not walk in fear, one of another.

Some have argued that the President is required to get permission from a federal court before taking action against a United States citizen who is a senior operational leader of al Qaeda or associated forces. This is simply not accurate. 'Due process' and 'judicial process' are not one and the same, particularly when it comes to national security. The Constitution guarantees due process, not judicial process.

American citizens have been killed abroad by drones with no due process, no accountability, no judicial review.