Words from the Rising Republics

October 29, 2013

 

DUE PROCESS

 

“The main guaranty of private rights against unjust legislation is found in that memorable clause in the Bill of Rights, that no man shall be deprived of life, liberty or property, without due process of law. This guarantee is not construed in any narrow or technical sense. The right to live may be invaded without his destruction. One may be deprived of his liberty in a constitutional sense without putting his person in confinement. Property may be taken without manual interference therewith, or its physical destruction. The right of life includes the right of the individual to his body in his completeness and without its dismemberment, the right to liberty, the right to exercise his faculties and to follow a lawful education for the support of life, the right of property, the right to acquire property in and enjoy it in any way consistent with the equal rights of others and it just exactions demands of the State.”

 

The Supreme Court expresses itself as follows: The 14^th amendment is not confined to the protection of citizens it says: 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. These provisions are universal in their application, to all persons within the territorial jurisdiction, without regard to any differences of race, of color, of nationality; and the equal protection of the laws is a pledge of the protection of equal laws.”

 

THESE RIGHT HAVE BEEN CODIFIED UNDER POSITIVE LAW

18 USC §242 provides that whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States ... shall be fined under this title or imprisoned not more than one year, or both, and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

18 USC §245 provided that Whoever, whether or not acting under color of law, intimidates or interferes with any person from participating in or enjoying any benefit, service, privilege, program, facility, or activity provided or administered by the United States; [or] applying for or enjoying employment, or any perquisite thereof, by any agency of the United States; shall be fined under this title, or imprisoned not more than one year, or both, and if death results or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be subject to imprisonment for any term of years or for life or may be sentenced to death.

42 USC §1983 provides that every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.

MEMBERS OF THE LEGISLATIVE, EXECUTIVE, AND JUDICAL BRANCHES ARE NOT IMMUNE FROM THESE LAWS. IT IS TIME FOR ENFORCEMENT.

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