The Erosion of Justice: How the Pursuit of Power Threatens the Very Fabric of Our Legal System

Making Our Rights Disappear: The Authoritarian War on Due Process

The very fabric of our constitutional system is under attack. The fundamental right to a fair trial, as enshrined in the Due Process Clause of the 14th Amendment, is being eroded by a series of insidious legal and policy maneuvers. The war on due process is being waged by both political parties, with the Trump Administration taking the lead in its most egregious forms.

The most recent assault on due process came in the form of a little-noticed regulation issued by the Department of Justice (DOJ) in February. The regulation, known as the "Rule of Release," effectively eliminates the right to bail for many individuals accused of crimes, including those with no prior criminal record. The rule allows judges to consider a wide range of factors, including the defendant's "dangerousness" and "flight risk," in determining whether to set bail. This means that judges can now deny bail to anyone they deem a threat to public safety, even if they have no prior criminal history.

The impact of this regulation will be devastating. It will disproportionately affect low-income communities and communities of color, who are already over-policed and under-resourced. The rule will also undermine the fundamental principle of innocence until proven guilty, as it allows judges to assume guilt without a trial. This is a classic hallmark of authoritarian regimes, where the accused is presumed guilty and the burden of proof is shifted to the defendant.

But the war on due process is not limited to the Rule of Release. The Trump Administration has also been actively working to undermine the independence of the judiciary, a cornerstone of our constitutional system. In 2018, the Administration issued an executive order that allows the President to appoint judges to the federal bench without Senate confirmation. This effectively gives the President a stranglehold on the judiciary, allowing him to pack the courts with ideologues who will rubber-stamp his policies.

The Administration has also been working to gut the Voting Rights Act, a landmark civil rights law that was passed in 1965 to protect the voting rights of African Americans. The Act required states with a history of racial discrimination to obtain federal approval before making changes to their voting laws. But in 2013, the Supreme Court struck down the Act's preclearance provision, effectively allowing states to change their voting laws without federal approval. The Trump Administration has since taken steps to further undermine the Act, including appointing judges who are hostile to voting rights.

The war on due process is not a partisan issue. Both political parties have been complicit in undermining the fundamental rights of Americans. The Obama Administration, for example, was notorious for its use of drones to kill American citizens without trial. And the Democratic Party has been just as guilty of undermining due process, with its support for laws like the Patriot Act, which allows the government to spy on Americans without a warrant.

The war on due process is a war on our very way of life. It is a war on the fundamental principles of justice, equality, and liberty that have always defined America. It is a war that must be resisted by all Americans, regardless of their political affiliation. We must stand up to the forces of authoritarianism and demand that our rights be respected and protected. The future of our democracy depends on it.