Due Process of The Law. Group 3. Brad Jackson Jessica Garcia Matthew Montes. What is Due Process?. In the United States, due process refers to a set of established legal principles, derived from the Constitution, that seek to protect the rights of citizens. . Due Process Clause.
In the United States, due process refers to a set of established legal principles, derived from the Constitution, that seek to protect the rights of citizens.
The fifth amendment provides that “no person…(shall) be deprived of life, liberty or property without due process of law; nor shall private property be taken for public use without just compensation.
On September 30, 2011, these amendments were broken when President Obama approved a U.S. drone strike, which killed two American-born and -raised Muslim clerics, Anwar al-Awlaki (40 yrs.) and his son Samir Khan (16 yrs.) in Yemen.
In 2012 President Obama signed the NDAA Act, Obama is the first ever president to claim the legal authority to order an American citizen killed without judicial involvement, real oversight or public accountability
American citizens can be held indefinitely as a terrorist without formal charges and then sentenced to death
In Hamdan v. Rumsfeld (2006), the U.S. Supreme Court ruled that Guantanamo Bay detainees are protected by the Geneva Conventions, and struck down a Bush administration plan that called for the remaining detainees to be tried in top-secret tribunals. Last year, Congress passed the Military Commissions Act providing a due process system for Guantanamo detainees. The Pentagon has indicated that fewer than 100 prisoners will be tried under the new system. It is not yet clear whether detainees not tried under the Military Commissions Act will be immediately released or further detained indefinitely without trial, but the Hamdan precedent and public opinion make the latter option unlikely.
Issues At Gitmo
All Deprive Prisoners of Due Process
779 detainees have been incarcerated there, with President Bush releasing more than 500 and President Obama 67
212 Remaining Detainees with more being added
All with minimal Due Process given at this time
Make This Acceptable?
The United States was based on a foundation of freedom and Trust. The current government has made the American public feel uneasy about their freedoms and their future