Your right to due process under the law is rooted in almost a millennium of precedent, and in the United States (as in other free countries), the power of arrest and detention expressly withheld from the executive.
Here is an extremely thorough and lucid treatise on habeas corpus by then-Chief Justice Taney following Lincoln’s illegal invocation (and delegation to military officers’ discretion) of its suspension to arrest and detain a Maryland man without judicial warrant, evidence, or due process.
…Executive power shall be vested in a President of the United States of America, to hold his office during the term of four years—and then proceeds to prescribe the mode of election, and to specify, in precise and plain words, the powers delegated to him and the duties imposed upon him. And the short term for which he is elected, and the narrow limits to which his power is confined, show the jealousy and apprehensions of future danger which the framers of the Constitution felt in relation to that department of the Government—and how carefully they withheld from it many of the powers belonging to the Executive branch of the English Government, which were considered as dangerous to the liberty of the subject—and conferred (and that in clear and specific terms) those powers only which were deemed essential to secure the successful operation of the Government.
[…]
…He is not empowered to arrest any one charged with an offence [sic] against the United States, and whom he may, from the evidence before him, believe to be guilty—nor can he authorize any officer, civil or military, to exercise this power; for the 5th article of the amendments to the Constitution expressly provides that no person “shall be deprived of life, liberty or property without due process of law.”—that is, judicial process. And even if the privilege of the writ of habeas corpus was suspended by act of Congress, and a party not subject to the rules and articles of war was afterwards arrested and imprisoned by regular judicial process, he could not be detained in prison or brought to trial before a military tribunal, for the article in the amendments to the Constitution, immediately following the one above referred to—that is, the 6th article—provides that "in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence [sic].
Emphasis mine:
And the only power, therefore, which the President possesses, where the “life, liberty or property” of a private citizen is concerned, is the power and duty prescribed in the third section of the 2d article, which requires “that he shall take care that the laws be faithfully executed.” He is not authorized to execute them himself, or through agents or officers, civil or military, appointed by himself, but he is to take care that they be faithfully carried into execution as they are expounded and adjudged by the co-ordinate branch of the Government, to which that duty is assigned by the Constitution. It is thus made his duty to come in aid of the judicial authority, if it shall be resisted by a force too strong to be overcome without the assistance of the Executive arm. But in exercising this power, he acts in subordinate to judicial authority, assisting it to execute its process and enforce its judgments.
HappyFrog@lemmy.blahaj.zone 3 weeks ago
Unrelated, but what a name for a website: Teach in gamer I can history.
nokturne213@sopuli.xyz 3 weeks ago
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jagged_circle@feddit.nl 3 weeks ago
The Rapist