Sen. Joe Manchin (D-WV) has blamed due process as the reason why the government cannot pass more gun control.
From The Washington Examiner:
“The problem we have, and really the firewall we have right now, is due process. It’s all due process,” he said Thursday on MSNBC’s “Morning Joe.”
“We can all say we want the same thing,” he continued, “but how do we get there?”
I wonder if he gets that THIS is why our awesome Founding Fathers put in the Fifth Amendment.
Gun control activists desperately want the government to ban people on the No Fly List from buying guns. Opponents, including the ACLU, said this violates the Fifth amendment.
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
The Due Process clause in the Fourteenth Amendment makes the Fifth Amendment applicable in state courts as well.
President Barack Obama has used the terrorists attack in Orlando to push this agenda, but the Republican controlled house correctly defeated the proposal:
“I think it’s very important to remember people have due process rights in this country, and we can’t have some government official just arbitrarily put them on a list,” House Speaker Paul Ryan said.
The ACLU (yes, that ACLU) cheered the defeat, but said no one should use the No Fly List to violate our natural rights until they fix it:
As we will argue to a federal district court in Oregon this Wednesday, the standards for inclusion on the No Fly List are unconstitutionally vague, and innocent people are blacklisted without a fair process to correct government error. Our lawsuit seeks a meaningful opportunity for our clients to challenge their placement on the No Fly List because it is so error-prone and the consequences for their lives have been devastating.
Deceased Sen. Ted Kennedy claimed “he had been stopped and interrogated on at least five occasions as he attempted to board flights at several different airports” because he appeared on the no fly list.
Rep. John Lewis even appeared on the list, causing 35 to 40 delays. His people reached out to federal agencies to remove him from the list, but no one ever did.
JetBlue removed an 18-month-old in 2012 because her name appeared on the list.
Unfortunately, the government can easily place a person on the list, but takes forever to get off of it. In 2014, The Intercept reported on the “March 2013 Watchlisting Guidance,” which explains how they put a person on the list. The reasons are vague and they can list people suspected of being a terrorist or “associating with people who are suspected of terrorism activity:”
“If reasonable suspicion is the only standard you need to label somebody, then it’s a slippery slope we’re sliding down here, because then you can label anybody anything,” says David Gomez, a former senior FBI special agent with experience running high-profile terrorism investigations. “Because you appear on a telephone list of somebody doesn’t make you a terrorist. That’s the kind of information that gets put in there.”
Weird, Dr. Sebastian Gorka saw Bill Ayers and Bernardine Dohrn at O’Hare the other day.
Passed Bill Ayers & Bernardine Dohrn on escalator at O'Hare. What a day 2 see most famous fmr Marxist terrorists. pic.twitter.com/srQ4NkxKql
— Sebastian Gorka DrG (@SebGorka) June 13, 2016
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