It seems implausible that so many supposed professionals and learned people in the Democrat Party cannot understand the nature of due process- the cornerstone principle of our republic. As Democrats crusade for legislation which would deprive people of their constitutional rights without so much as a shred of evidence, charges or a conviction of a crime of any sort, Democrats continue to pretend not to see the glaring violation of basic civil rights present in their proposal.
Because so many lawyers and various professionals become politicians, we are left with one inescapable conclusion: they see the lack of constitutional permissibility in their proposal; they just simply don’t care.
On Thursday, Connecticut Democrat Senator Chris Murphy spoke about his efforts to push legislation which would bar people on government watchlists from purchasing a firearm. The government terrorist watchlist and the government “no-fly” list are arbitrarily-crafted lists that require no due process to be placed upon the lists. The lists have little oversight and one does not need to be convicted of a crime, charged with a crime or confronted with evidence in order to be placed on one or both of the lists.
The lists are so poorly vetted that far-left former Senator Ted Kennedy was once famously denied entry to a plane because his name was on the “no-fly” list.
Sen. Murphy, however, claims that those citing due process are being “ridiculous.”
In an interview on Thursday, MSNBC host Andrea Mitchell asked “What about this due process argument from the NRA?” Murphy stated, (emphasis added)
“Well, it’s ridiculous. It’s a red herring. The fact of the matter is that there hasn’t been a single Republican coming onto the floor to protest the lack of due process for individuals who are on the terrorist watch list who can’t fly on planes.
“We all accept that that’s an important protection that individuals who are suspected of being connected with terrorists shouldn’t fly a plane. Well, they should not be able to buy a powerful firearm that we now know is capable of killing 50 people. Now the Feinstein proposal has due process in it. It has a mean to grieve your inclusion on that list. That’s not an issue.
“The NRA does not want any of this to happen because they are dead set against anything that would make this country safer at the expense of the gun industry.”
Such an obviously mind-numblingly stupid position must be derived from either ignorance or sheer zealotry. Because he has ascended to the Senate, we should all be willing to give Sen. Murphy the benefit of the doubt and believe that he is being purposely intellectually dishonest and is not the moron he pretends to be.
First, the ability to fly on a plane is not a constitutional right. Period. End of sentence. Those placed on the list might be inconvenienced, but they are not being deprived of a right any more than someone who has his driver’s license revoked for failure to pay child support.
If one were to deny someone the right to vote, the right to speak freely or the right to remain free from warrantless searches and seizures without due process, however, that would be a constitutional violation. The same logic applies to the Second Amendment.
This premise is covered in 8th grade government and it is far from a complicated issue. There are rights and then there are privileges. Sen. Murphy likely knows the difference; but his preferred narrative is evidently more important than the truth or even basic concepts of justice.
Second, the Feinstein proposal does not entail due process. Due process is where punishment and/or revocation of rights occur after having been charged with a crime or after having been convicted of a crime.
Feinstein’s proposal allows for the revocation of constitutional rights without any such charges or convictions and then places the burden upon the citizen to fight a legal battle and petititon for the reinstitution of his or her constitutional rights.
It is literally the exact opposite of due process as it inverts the premise of due process by requiring citizens to demonstrate why they should retain their rights instead of requiring the government to demonstrate why they should be denied.
Again, even the staunchest Democrat in the Senate is likely to be able to understand this most-basic constitutional premise.
The sad reality is that they simply don’t care. They have a narrative and they’re sticking to it.