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The
Below Comments Relate to this Newslink:
Comment by:
PHORTO
(8/28/2019)
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Ducey is no different than the others on "red flag". Notice how he dances around due process - they ALL do. To them, ex parte with a full hearing later satisfies due process.
But it doesn't. When what's at stake is the denial of a fundamental right, a full adversarial hearing is mandatory BEFORE any rights are suspended. Although it is technically a civil action, when the consequences are indistinguishable from those imposed by a criminal action 6th Amendment guarantees must be included.
If the current scheme were extrapolated to its extreme, the state could execute people first and hold the trial later.
Which, of course, is ridiculous. |
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Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom of Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any bands of regular troops that can be, on any pretense, raised in the United States. — Noah Webster in "An Examination into the Leading Principles of the Federal Constitution," 1787, in Paul Ford, ed., Pamphlets on the Constitution of the United States, at p. 56 (New York, 1888). |
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