Three Cheers for Due Process, Democracy, and Gosh Darn it, The Constitution!
This summer, I spent a lot of time engaged in one of my guilty pleasures, reading about King Henry VIII and his wives. It’s fun to read about the pageantry, and the drama and intrigue of the British court. In reading about how the monarchy used to function, I can’t help but be reminded about how great it is to live in a democracy and be protected against the arbitrariness of our leaders by our due process clause and other constitutional protections.
If the King got mad at you, he could put you in prison without leveling any charges against you, and you could rot away there for years, even die, without ever having a chance to defend yourself. Today we are protected from being imprisoned without being charged by the due process clause and the Great Writ of habeas corpus.[1]
In jolly old England, the King governed in secret, and no one but his closest advisors knew how he made his decisions or with whom he consulted while making them. In our democracy, government is transparent and leaders are held accountable for their actions.[2]
It used to be that if you made the King angry, he could fire you, and anyone else who refused to follow his orders. In today’s democracy, we require our leaders to articulate good reasons for their actions, and retaliating against our enemies is not a good enough reason.[3]
It used to be that in order to get a good position in the government, you had to make the King happy and tell him what he wanted to hear. Today, our Constitution requires our leaders not to discriminate on the basis of viewpoint.[4]
Back in the day, you didn’t have any right to criticize the King, and if you did, he would send out his soldiers to subdue you with force. Today, the First Amendment protects our right to dissent.[5]
Reading about King Henry VIII reminds me that the Constitution is not just a paper document that is interpreted by courts. It is the foundation of our government and our individual rights. We The People are protected by the Constitution, and it is our responsibility, not just the responsibility of the Courts, to insure that our leaders comply with it.
So, three cheers for Due Process and the Constitution. Thank goodness we live in a democracy, where our leaders are required to respect the Constitution. Let’s do what we can to make them fulfill this promise.
[1] Unless you are in Guantanamo Bay Prison, of course .Counter Terror with Justice[2] Unless you are the vice president.Watchdog group sues Cheney over records
[3] Unless you are the governor of Alaska.
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[4] Well, except when you want to be a US attorney. See
White House Backed U.S. Attorney Firings, Officials Say
[5] Unless you are protesting at the Republican National Convention.
