this post was submitted on 22 May 2025
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Your right to due process under the law is rooted in almost a millennium of precedent, and in the United States (as in other free countries), the power of arrest and detention expressly withheld from the executive.

Here is an extremely thorough and lucid treatise on habeas corpus by Chief Justice Taney following Lincoln's illegal invocation (and delegation to military officers' discretion) of its suspension to arrest and detain a Maryland man without judicial warrant, evidence, or due process.

...Executive power shall be vested in a President of the United States of America, to hold his office during the term of four years—and then proceeds to prescribe the mode of election, and to specify, in precise and plain words, the powers delegated to him and the duties imposed upon him. And the short term for which he is elected, and the narrow limits to which his power is confined, show the jealousy and apprehensions of future danger which the framers of the Constitution felt in relation to that department of the Government—and how carefully they withheld from it many of the powers belonging to the Executive branch of the English Government, which were considered as dangerous to the liberty of the subject—and conferred (and that in clear and specific terms) those powers only which were deemed essential to secure the successful operation of the Government.

[...]

...He is not empowered to arrest any one charged with an offence [sic] against the United States, and whom he may, from the evidence before him, believe to be guilty—nor can he authorize any officer, civil or military, to exercise this power; for the 5th article of the amendments to the Constitution expressly provides that no person "shall be deprived of life, liberty or property without due process of law."—that is, judicial process. And even if the privilege of the writ of habeas corpus was suspended by act of Congress, and a party not subject to the rules and articles of war was afterwards arrested and imprisoned by regular judicial process, he could not be detained in prison or brought to trial before a military tribunal, for the article in the amendments to the Constitution, immediately following the one above referred to—that is, the 6th article—provides that "in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence [sic].

Emphasis mine:

And the only power, therefore, which the President possesses, where the "life, liberty or property" of a private citizen is concerned, is the power and duty prescribed in the third section of the 2d article, which requires "that he shall take care that the laws be faithfully executed." He is not authorized to execute them himself, or through agents or officers, civil or military, appointed by himself, but he is to take care that they be faithfully carried into execution as they are expounded and adjudged by the co-ordinate branch of the Government, to which that duty is assigned by the Constitution. It is thus made his duty to come in aid of the judicial authority, if it shall be resisted by a force too strong to be overcome without the assistance of the Executive arm. But in exercising this power, he acts in subordinate to judicial authority, assisting it to execute its process and enforce its judgments.

With such provisions in the Constitution, expressed in language too clear to be misunderstood by any one, I can see no ground whatever for supposing that the President, in any emergency or in any state of things, can authorize the suspension of the privilege of the writ of habeas corpus, or arrest a citizen, except in aid of the judicial power. He certainly does not faithfully execute the laws if he takes upon himself legislative power by suspending the writ of habeas corpus— and the judicial power, also, by arresting and imprisoning a person without due process of law. Nor can any argument be drawn from the nature of sovereignty, or the necessities of government for [self-defense] in times of tumult and danger. The Government of the United States is one of delegated and limited powers.

Blackstone, in his Commentaries, (1st vol., 137) states it in the following words: "To make imprisonment lawful, it must be either by process from the Courts of Judicature or by warrant from some legal officer having authority to commit to prison." And the people of the United Colonies, who had themselves lived under its protection while they were British subjects, were well aware of the necessity of this safeguard for their personal liberty. And no one can believe that in framing a government intended to guard still more efficiently the rights and liberties of the citizens against executive encroachment and oppression, they would have conferred on the President a power which the history of England had proved to be dangerous and oppressive in the hands of the Crown, and which the people of England had compelled it to surrender after a long and obstinate struggle on the part of the English Executive to usurp and retain it.

ETA: apropos quotes

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[–] HappyFrog@lemmy.blahaj.zone 12 points 7 hours ago (1 children)

Unrelated, but what a name for a website: Teach in gamer I can history.

[–] CheeryLBottom@lemmy.world 2 points 5 hours ago

Throw that at ICE Barbie

[–] will_a113@lemm.ee 0 points 6 hours ago (1 children)

Didn’t the Supreme Court last year basically decide that the President can do anything without restriction if it’s to execute his duties? Until someone does something about that I don’t understand the purpose of articles like this other than to be rage bait.

[–] NotAGamer@lemmy.org 7 points 6 hours ago

To inform. People cannot understand about corruption if they are not aware of the corruption. The U.S.is going to reach a boiling point and there will be many more Luigis.