Due Process in the Constitution of the United States of America

The Concept of Due Process

The concept of due is enriched in the constitution as a right and privilege for everyone. In particular, due process relates in the state's respect, consideration and upholding of the rights that a citizen has regardless whether the person is a criminal suspect, free person or convict. In this sense, one cannot be harmed by the government or have their property destroyed/confiscated without the legal procedures and rule of law being followed. At the same time, there exists concerns as sometimes the due process is seen as a limiting factor in the implementation of the laws of the land. It therefore calls for a profound interrogation and deep interrogation to find the convergence between the upholding of the due process while still fully implementing the laws and regulations at the national/federal and local jurisdictions.

The Issue of Gun Ownership and Sale

Due to the recent major shootings around the country with some involving mass school shootings with several fatalities, an inevitable debate on the issue of gun ownership and sale has taken center stage. On one side are those who take a hard line stance and insist that there should be severe limitations on gun ownership and sale. Some of the suggestions include implementing a total blacklisting and prohibition of gun sales to those on the 'No Fly' list. While this might sound like a well-meaning proposition, it does not augur well with everyone as some people feel that it infringes on the rights of people, particularly the second amendment which provides the right for a citizen to bear arms for self-defense. In this regard, a total ban would in a way have infringed on the right of someone to bear arms for self-protection and defense. To solve this, there should be more considerate and specific regulations guideline as opposed to blanket bans such as the one proposed. Exceptions should be made for those who are on the 'No Fly' without necessarily being blacklisted due to violent, terror-related or mental instability issues. For example, a drunk and disorderly conduct on an air flight might lead to one being put on the 'No Fly' list. Under the proposed ban, the person would henceforth be ineligible to purchase or own a gun which would not only be unfair but also a double standard in legality as people found drunk and disorderly in the streets, bars, homes or public places are not treated the same way. Instead of such a general ban approach, more profound background checks on an individual, their criminal past or history of law breaking should be analyzed to determine their capability of responsibly handling firearms.

Overstepping and Omission of Due Process

Other areas that have seen the overstepping and omission of the due process have been witnessed in cases such as the killing of the Dallas Shooter with a robot-operated bomb. Also, many Americans have died from drone attacks outside the borders all without the implementation of the due process. One reason why due process might not have been used in such process is due to the magnitude, urgency, and severity of the situation. If the risk such individuals posed to national security and the wider population far much outweighed the necessity of due process, it could be in a sense be understood as a necessary evil. For example, if the Dallas Shooter was not killed, it is possible that more lives would have been lost including even those of the law enforcers trying to arrest the suspect or control the situation.

Improving Information Processing and Intelligence

Having representatives of the major law enforcement departments and agencies embedded in the CIA and state house/congress security committee would also be very productive. Such measures would ensure information processing is fast and reliable disseminated. The structures would also eliminate the risky information monopoly while maintaining a secure classification of guided dissemination. It would also help in the vetting of intelligence and information by various authorities before dissemination and processing.

Maintaining the Integrity of Information

The key factor to consider is the integrity of any information or intelligence that the local authorities receive. Regular reviews and updating of existing intelligence and international information processing policies should also be done. Emerging threats as seen have seen the war on terror take up many geopolitical facets besides religious influences. With a changing international landscape regarding the fight against terrorism, keeping ahead is critical. Collaborating with monitored information processing also forms a central part in ensuring justified intervention advisory for American interests' sake.

The Importance of Due Process

At the same time, a country which places no regard to the due process invites abuse of the rights of the people, anarchy, and state-sponsored terror and murder. It is the only means through which everyone gets an opportunity to defend themselves and their property with his basic rights being protected within the limits of the law. Police officers, soldiers, and other law enforcement agencies have the mandate of protecting the citizens, maintaining law and order, and ensuring peace and integrity of the borders is protected. However, they do not possess the powers or the authority to interpret the law or offer legal judgment by killing those they deem guilty or deserving to die.

America's Struggle for Freedom

One of the main traits of the nation that is the America is freedom. That is why we identify ourselves as a land of the brave and home of the free. The perception is that the people in this society value and uphold liberties that maintain the social contract of the United States. These values are so entrenched in the fabric of the country that the influence of America over the world has been one of democratic and fundamental freedom liberation. The controversy that this paper looks into is the question of whether America truly is free. The nation that claims to be the moral compass of the world itself faces serious legal and ethical dilemmas that have required resilient struggles to overcome and which still face those challenges to date. There are always forces that attempt to curtail individual liberties of the public.

The Fight for Civil Rights

The fight for civil rights has been one of the most gruesome civil liberties of the social, political, economic, and financial rights of African-Americans in the society. There are two sides to the controversy. On the one hand, there were the masses that were agitating for racial equality in access to the resources of the Commonwealth of the United States of America. On the other hand, there was the hegemony that had selfishly held the factors of production in their control for hundreds of years, having supplanted the original inhabitants of the American geography themselves. The situation changed for the better with the enactment of the Civil Rights Act of 1964, which ended segregation.

Works Cited

Constitution of America

New York Times

Co. v. Sullivan, 376 U.S. 254 (1964),

Rubel, A. (2007). Privacy and the USA Patriot Act: Rights, the Value of Rights, and Autonomy.      Law And Philosophy, 26(2), 119-159. http://dx.doi.org/10.1007/s10982-005-5970-x

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