Thursday, June 16, 2016

The "Watch List" and Due Process - Korematsu All Over Again

A 4 year old from Northern California was prevented from flying because he was on the "Terror Watch List"- he was listed as Baby Doe in court documents.  

One MILLION others are the list which is classified and not available to the public.  

In 2003 when the list was created there where hundreds upon hundreds of news stories of people who were on the list for no reason or that had a "similar" name to someone who was on the list- and therefore were banned from flying.  

Any person can be placed on the "watch list" WITHOUT DUE PROCESS.  

So can someone explain to me how banning every person on the list from purchasing a firearm WITHOUT DUE PROCESS is ANY DIFFERENT than Japanese Internment during WW2?

HOW IS THIS NOT KOREMOTSU all over again? For those not familiar - Korematsu v. United States 323 U.S. 214 (1944) upheld Executive Order 9066 and held that the internment of Japanese Americans (US Citizens) without trial, and without due process was LEGAL. The US may have apologized- but the case- and therefore the law of the land, has not been explicitly overturned.  The Justice Department may have said in 2011 that Internment was wrong- but the Court has not overturned the case directly. 

Like it or not, individual gun ownership is a RIGHT in this Country - District of Columbia  v Heller 554 U.S. 570 (2008) held that the Second Amendment guarantees the individual's right to possess a firearm unconnected with service in a militia, and to use that arm for lawful purposes including self defense.  McDonald v Chicago 561 U.S. 742 (2010) held that the 2nd Amendment applies to the States through the 14th Amendment. 

The NRA has proposed legislation that if you are on the "watch list" any gun sale is "held" for 72 hours- and the purchase  taken to a JUDGE to decide if the ban from purchasing be upheld. 

OF COURSE- the President and the liberals in the Senate are AGAINST JUDICIAL REVIEW- they want a BLANKET BAN....

So again- will someone please explain how taking away a Constitutional Right WITHOUT due process as the left proposes is the right thing to do?



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