Monday, October 07, 2019

No Right of Due Process For You - Trump

“Better to write for yourself and have no public, than to write for the public and have no self.”- Cyril Connolly (1903 - 1974)

 

No Right of Due Process For You - Trump

 

By de Andréa

Opinion Editorialist for    
‘THE BOTTOM LINE’

Posted October 7, 2019


If you would like to write me direct with a question or a comment on this or other articles, you can email me at writedeandrea@hotmail.com

 

A follow-up to a previous article titled “Democrat Coup d'état Number Two.

 

Assuming that you have read the previous article showing that this impeachment attempt of President Donald Trump is nothing but yet another unfounded partisan phishing expedition, moreover even the accusation of the president asking for help of a foreign power in the investigation of corruption is not only, not against the law, it is covered by a treaty between the U.S. and the Ukraine since the 1990’s, but the president is actually obligated by the Constitution to inforce the laws of the land.

 

Then, are the Communists in the House of Representatives even proceeding legally?

 

While there is no specific Federal Law requiring the House to have a vote of the members of Congress in order to proceed in an investigation of the impeachment of a president, it is however, and has been, the process of the house (House rules) for a hundred years.  So regardless of what the Communists say about it, there is president.

 

So if this is, and has been the due process, then President Trump is being denied his due process. That my friend is’ a violation of his Constitutional rights. But then as usual Communists have no regard for the U.S. Constitution or any law or rule.

The Constitutional Due Process Clause

The Fifth and Fourteenth Amendments to the United States Constitution each contain a due process clause. Due process deals with the administration of justice and thus the due process clause acts as a safeguard from arbitrary denial of life, liberty, or property by the government outside the sanction of law.
The Supreme Court of the United States interprets the clauses broadly, concluding that these clauses provide four protections: procedural due process (in civil and criminal proceedings), substantive due process, a prohibition against vague laws, and as the vehicle for the incorporation of the Bill of Rights.

The clause in the Fifth Amendment reads:

“No person shall ... be deprived of life, liberty, or property, without due process of law.”

While the clause in the Fourteenth Amendment says: “...nor shall any State deprive any person of life, liberty, or property, without due process.

This is nothing new my friend, Clause 39 of Magna Carta provided:

“No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land.[4]
The phrase "due process of law" first appeared in a statutory rendition of Magna Carta in 1354 during the reign of Edward III of England, as follows:
No man of what state or condition he be, shall be put out of his lands or tenements nor taken (taken to mean arrested or deprived of liberty by the state), nor disinherited, nor put to death, without he be brought to answer by due process of law.
New York was the only state that asked Congress to add "due process" language to the U.S. Constitution. New York ratified the U.S. Constitution and proposed the following amendment in 1788:
[N]o Person ought to be taken imprisoned or disseized of his freehold, or be exiled or deprived of his Privileges, Franchises, Life, Liberty or Property but by due process of Law.
In response to this proposal from New York, James Madison drafted a due process clause for Congress. Madison cut out some language and inserted the word without, which had not been proposed by New York. Congress then adopted the exact wording that Madison proposed after Madison explained that the due process clause would not be sufficient to protect various other rights:
Although I know whenever the great rights, the trial by jury, freedom of the press, or liberty of conscience, come in question in that body [Parliament], the invasion of them is resisted by able advocates, yet their Magna Carta does not contain any one provision for the security of those rights, respecting which the people of America are most alarmed.”

As a result of these facts, there has been an Amicus Curiae Brief, (which is to say educate the court on fine points of law) has been filed against the House for the lack of due process.

THE BOTTOM LINE:  So why and what is to be gained in the Communist controlled Congress to not have a vote by the whole house to move forward on the investigation for impeachment of the president?

First a vote would make it official and then the whole house would have authority to subpoena documents and witnesses including the Republicans. And Nan certainly does not want that, that would be “DUE PROCESS”. The truth would come out much too quickly and effect the election in favor of the President. They know they haven’t a chance in hell to impeach Trump. So the next best thing is to create and sustain a dark cloud of confusion.

And then there is the little problem of the whistleblowers credibility. “Second Hand Rose” so now they have dredged up yet another whistleblower who says he heard ‘first-hand’ the Presidents conversation.  Well… so what! We already know what he said don’t we? Trump said the same thing to Xi Jinping in China. I do not know if we have a legal treaty with China to fight corruption as we do with Ukraine but nevertheless corruption is corruption. Moreover, it’s the president’s job to fight against corruption, whether it be in the media or the Congress or in a foreign country that we are supplying arms to.    

The Republicans have to abide by the rule of law because they are Republican Representatives of a Constitutional Republic. The Communists on the other hand, don’t have to follow the law because…well because - they are Communists, and Communist Democrats make up their own rules and laws as they go along. 

As long as Nancy can quash the minority in the house, she will- because that my friend is the way democracies work. The majority must rule over the minority. Democracy the transition between a rule of law Republic as the Framers designed, and the Communist tyranny of the DeepState.   I mean, after all, the majority rules in a democracy regardless of the law. Maybe that is why the United States was meant to be a Constitutional Republic ruled by law, and not a Communist Democracy ruled by the majority, or as in this case, a small group of criminal elitists. 

Think about it…

Thanks for listening my friend. Now go do the right thing, pray and fight for truth and freedom. 
- de Andréa
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