Due Process Quotes
This was America’s first Presidential impeachment which occurred just a few years after America’s greatest crisis—the Civil War. It was handled in an orderly, serious manner following the law throughout.
A case of systemic racial discrimination against a Bank of America subsidiary which she had initiated in 2008 had been resolved by the Bank paying over $200 million to the victims.
This quotation is a great example of the difficulty of deciding some of the major Constitutional issues. Most reasonable people believe that Rehnquist certainly has a point. On the other hand, critics observe that this quotation essentially says that it is OK to convict an innocent person if it cost too much or be too much trouble to do so. Reasonable people would also agree that this objection has much merit also. So the judicial system is stuck with deciding when the cost or trouble is too much. There will never, can never, be a clear cut answer.
This quotation has become an operational principle of most justice systems of industrial democracies.
Many politicians were arguing that giving the intelligence agencies more power to wiretap, bug and hack into personal communications despite the 4th Amendment’s strictures argued that the public was in rational fear of terror attacks and had a right to be protected.
Two openings appeared on the Supreme Court for Nixon to fill. He heard from many people on recommendations, but he wanted to fill the posts with “strict constructionists.” Rehnquist had written giving him a political operational definition of a strict constructionist. This memo was never released to the public by the White House on the grounds that it was protected by Executive Privilege. However, the definition given had virtually nothing to do with the concept of strict construction but is a definition of a ideological conservative constructing his own meaning to the Constitution. The source for the text came from John Dean, the Counsel to the President, who found this memo in his White House file and revealed it at a question and answer session at the Commonwealth Club of San Francisco, October 10, 2001.
He was discussing the military criminal cases ongoing regarding the mistreatment of Iraqi detainees.
