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The
Below Comments Relate to this Newslink:
Comment by:
PHORTO
(3/8/2019)
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"Critics of the bill, also known as an Extreme Risk Protection Order (ERPO), have said it is unconstitutional."
And it is. The due process burden for removing rights and property requires an adversarial hearing, not an ex parte hearing. The respondent must be given the opportunity to face accusers, cross-examine witnesses, and present witnesses and evidence in his own behalf, with a subsequent ruling that establishes probable cause for a search and seizure warrant. To constitutionally suspend a subject's rights, an actual crime (or criminal/violent mental history) must have occurred to begin that process, not a POTENTIAL crime.
No executive, legislature or court has the power to circumvent that constitutional guarantee. |
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QUOTES
TO REMEMBER |
They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.— Benjamin Franklin Historical Review of Pennsylvania. [Note: This sentence was often quoted in the Revolutionary period. It occurs even so early as November, 1755, in an answer by the Assembly of Pennsylvania to the Governor, and forms the motto of Franklin's "Historical Review," 1759, appearing also in the body of the work. — Frothingham: Rise of the Republic of the United States, p. 413. ] |
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