Due Process…..

“No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or in any way destroyed, except by the lawful judgment of his equals or by the law of the land.” _{— Magna Carta, 1215 (Clause 39)}

Our nation’s history is a testament to the struggle against arbitrary rule. The great-grandfathers of our Founding Fathers experienced the terror of being forcibly removed from their homes and imprisoned under the whims of King John. Four centuries later, England again endured authoritarian rule during the reign of Charles I, who’s infamous “Star Chamber” court was notorious for arbitrary decisions and the absence of due process. His absolutism led to civil war, the rise of Parliamentarian power, and, eventually, his execution. This historical context is crucial to understanding the risks of eroding due process.

Today, we risk repeating history. The principle of “innocent until proven guilty” is eroding, replaced by guilt by association.

Our Founders—and the generations before and after them—fought for Due Process: the simple but powerful idea that no one should be punished solely for their beliefs, associations, or background. Yes, every group has bad actors, and they must be held accountable. But not everyone in that group deserves blanket suspicion or punishment.

Many people flee violence in their countries—or even in our neighborhoods—because they were coerced into associations they didn’t choose. These individuals deserve to be judged by their actions today, not by the group they once belonged to. Not every gang member is a felon—but if we apply collective guilt to some groups, shouldn’t we apply it to others? To organizations with histories of abuse? To law enforcement agencies where some officers have abused their authority? Or what about political protests? Some individuals turned otherwise peaceful movements—like Black Lives Matter or the January 6th rally—into scenes of violence. However, the majority who showed up did so to express their beliefs, not to break the law. Likewise, social media platforms have hosted harmful or hateful content, but they’ve also become places of education, connection, and free speech. Do we judge the entire protest or platform by the actions and posting of its ‘worst’ participants?

Most of us are, or have been, part of groups where some members acted in ways we reject. We shouldn’t be punished for their choices.

This country is built on the foundation of individual rights, not collective guilt. When we lose sight of this, we don’t just lose due process—we lose the very essence of liberty. This is when we start down the path of political purges and authoritarianism, as seen in Nazi Germany, Stalinist Russia, and Maoist China. Our republic was designed to prevent exactly that, and it’s up to each of us to defend our individual rights.

If someone has committed a crime, let them be arrested, tried, and convicted—individually and fairly by a jury. But mass detentions, deportations, or punishments without due process undermine the very freedoms that protect all of us.

These rights are not just for someone else’s protection-they are for your protection too. It’s time to stand up, speak up, and defend them. Your voice matters, and your actions can make a difference in preserving the due process and individual rights that are the cornerstone of our society. Speak up—Stand up—Defend it –Or Lose it and maybe yourself.