Today the President said that police should take immediate action, take the guns, and worry about “due process” later.
During a meeting with congressional leaders about guns, Vice President Pence suggested that additional tools should be given to law enforcement to confiscate additional weapons from those who posed a risk, after going to court and going through the process (due process) to ensure nobody’s rights were trampled. The President listened, and then said he liked taking the guns first, and then go through due process second.
Taken as he said them, his statement suggests that the President wants to give police the authority to enter a home and to take guns (and/or other weapons) without a warrant, and without consent of the court. He said the court process takes too long, insinuating that police should do whatever they feel is necessary first, and then go back to the court later to see if it was okay.
His comments immediately alarmed just about everybody. Even Fox News commentators were incredulous Fox News on Trump Due Process. NRA spokesperson Dana Loesch just about had kittens. Republican Senator Pat Toomey said the President’s comments “took my breath away”.
Most of those familiar with the US Constitution agree that Trump’s plan would be a violation of the fourth amendment, and most likely the second amendment.
The fourth amendment states: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. In other words, the government just can’t come to your house and take things without a really good reason, and the court needs to issue a warrant first.
The second amendment states: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. In other words, people have the right to have guns.
What the President would like is to disregard the constitution, and have the police do whatever they want, whenever they wanted to do it.
Rest easy, it won’t happen. The President just doesn’t know the constitution or how it works.Tweet