Love to deport Donald Trump...but in all seriousness, the issue is Lack of 'Due Process' by the Trump administration...Due Process is deeply ingrained in our nation's judicial roots...and it goes back even further, as outlined in the following AI Overview...
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AI Overview
Yes, the concept of "Due Process" has deep roots in English legal history, most famously originating in the Magna Carta of 1215. The American legal understanding of due process was heavily influenced by the English common law tradition and the writings of English jurists.
The Magna Carta and "the law of the land"
The Magna Carta's Chapter 39 is a key link, stating that no free man should be deprived of rights or possessions "except by the lawful judgment of his equals or by the law of the land". This clause limited the monarch's power, requiring adherence to established law before depriving individuals of life, liberty, or property.
"Due process of law" emerges
The specific phrase "due process of law" appeared in a 1354 statute during King Edward III's reign, which interpreted "law of the land" from the Magna Carta to mean "due process of law".
Sir Edward Coke's influence
In the 17th century, English jurist Sir Edward Coke's writings elaborated on the Magna Carta's principles. His work significantly influenced American colonists and the Founding Fathers in shaping their views on fundamental rights and governmental limits.
The American evolution of due process
While originating in England, the American interpretation and development of due process have diverged.
Incorporation into the Constitution: The U.S. Constitution includes Due Process Clauses in the Fifth Amendment (applying to the federal government) and the Fourteenth Amendment (applying to state and local governments).
American vs. English application: The U.S. concept of due process is broader than its British counterpart. English law uses similar ideas like "natural justice" and the "rule of law," which can be altered by statute. American constitutional due process, however, provides fundamental safeguards against arbitrary procedures and government interference with certain fundamental rights.
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