Quotes on Due Process

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.

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.

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.

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

We must not confuse dissent with disloyalty.

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. We will not be driven by fear into an age of unreason, if we dig deep in our history and our doctrine, and remember that we are 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.

The law is constantly based on notions of morality, and if all laws representing essentially moral choices are to be invalidated under the due process clause, the courts will be very busy indeed.

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.