There’s a reason we supposedly revere the Constitution in this country—at least, that’s what every flag-waving “patriot” keeps screaming about at school board meetings and on Twitter (sorry, “X”). But I’d like to know: When was the last time any of these self-anointed constitutional scholars actually read the damn thing? Or, for that matter, when was the last time anyone in the Trump administration—especially over at the DOJ—acted like the rule of law applied to them?
Let’s talk about due process—that bedrock idea that the government can’t just do whatever it wants to whomever it wants, whenever it wants. We’ve got the Fifth and Fourteenth Amendments, both pretty clear on the whole “life, liberty, or property” thing not being taken away without, you know, a fair shake. But apparently, “due process” is now just a quaint little phrase, like “all men are created equal” or “no taxation without representation”—nice for speeches, but utterly disposable when it gets in the way of locking up immigrants or crushing dissent.
The Trump Playbook: Due Process, Schmue Process
Remember the family separations at the border? Remember “zero tolerance”? Turns out, due process is just another speed bump for the machinery of cruelty. We watched as people, most of whom don’t speak English and know nothing of our legal system, were herded through sham hearings—sometimes via video conference, sometimes with no lawyer at all. Some never saw a judge. Kids, for crying out loud, defending themselves in court. This is what passes for justice in MAGA-land.
And let’s not forget the DOJ, which, under Trump, became less “Department of Justice” and more “Department of Just Us (If You’re White and Rich).” Look at how they handled peaceful protests—send in the troops, gas the crowds, call anyone with a sign an “antifa terrorist” and pretend the First Amendment is just an optional suggestion. The chilling effect on dissent? That’s not “law and order.” That’s authoritarianism with a Fox News chyron.
Ignorance by Design
It’s not just ignorance; it’s willful, performative ignorance. The Trump crowd knows exactly what they’re doing. They count on people not knowing or caring about “due process” until it’s their own ass in the crosshairs. The cruelty is the point. It’s a feature, not a bug.
And let’s be real: this didn’t start with Trump. But under his administration, the gloves came off and the mask slipped. Suddenly, it was okay to say the quiet part out loud: “We don’t want these people here. We don’t want these people protesting. We don’t want these people voting.” Due process? Only if you’re the right kind of person, with the right kind of bank account, skin tone, or political loyalty.
Why It Matters (And Why We Can’t Give Up)
Look, I’m a 77-year-old white guy who’s been lucky enough to scrape by in this system. But the rule of law isn’t just some abstract principle to hang on a classroom wall. It’s the only thing standing between us and the abyss. When we let due process slide—whether for immigrants, protesters, or anyone else—we’re all in danger.
History has a funny way of repeating itself. I’ve seen what happens when people obey in advance, shrug their shoulders, and say, “Not my problem.” That’s how you lose a democracy—one ignored constitutional right at a time. If you think they won’t come for you, eventually, you’re not paying attention.
We need to demand better—from our courts, from our government, from each other. And we need to remember: due process is not a privilege. It’s a right, for everyone. If we let them take it away from the most vulnerable, it’s only a matter of time before it’s gone for all of us.
So, to the DOJ, to the administration, and to every would-be strongman with a flag pin and a Twitter account: Read the damn Constitution. And maybe, just once, try following it.
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