Why Due Process Matters: Safeguarding Justice for Everyone
“Due process” is a phrase often invoked in discussions of justice and the legal system. It stands as a cornerstone of our democracy, a vital safeguard designed to ensure fairness, equality, and the rule of law for everyone, regardless of their background or the accusations against them. However, the true meaning of due process is not always well-understood outside of legal circles.
At its core, due process is a constitutional guarantee that before the government can deprive a person of life, liberty, or property, it must follow fair procedures. These protections are enshrined in the U.S. Constitution: the Fifth Amendment guarantees due process at the federal level, while the Fourteenth Amendment extends that guarantee to state actions. These procedures typically include notice of the action, an opportunity to be heard in a neutral forum (like a court), and the chance to present evidence or defend oneself. It is the constitutional guarantee that no one is punished or penalized without a fair and open legal process.
The Misunderstood Shield
Unfortunately, due process is increasingly under attack at both the federal and state levels. It is often politically tempting to erode these protections when the individuals affected are seen as unpopular or marginalized. Lawmakers sometimes frame this as “streamlining” procedures or “cutting red tape,” but what’s really at stake is a foundational principle that protects everyone—not just those directly targeted by a given policy.
A current example in Maryland is Senate Bill 46 (SB46), which was introduced to curtail the due process rights of so-called “squatters.” The original version of the bill sought to allow property owners to remove squatters without court involvement, effectively bypassing the judicial system altogether. While “squatters” may seem like an easy group to exclude from procedural protections, especially when stories circulate about the unlawful occupation of homes, the danger lies in setting a precedent where rights are carved out based on public perception or political expediency.
At the federal level, we see similar challenges. For instance, there have been proposals aimed at expediting the deportation of certain individuals, such as alleged gang members, which could potentially deny them the due process protections of a full hearing and legal representation. Additionally, efforts to reduce funding for organizations that provide legal services to immigrant children can leave these vulnerable individuals facing deportation without proper legal counsel, effectively depriving them of their right to due process.
A Slippery Slope for Everyone
History has shown that when lawmakers start stripping due process rights from one group, it rarely stops there. If we decide that certain groups are not entitled to a fair hearing, arguably, similar arguments could be made to weaken due process protections for others, such as renters, people accused of offenses, or other marginalized populations.
Such actions weaken the integrity of the justice system as a whole. Due process is meant to stand as a bulwark against arbitrary action and to ensure the courts, not landlords, agencies, or law enforcement acting alone, are the final arbiters of disputes. Without it, we risk normalizing extrajudicial remedies and eroding public trust in the impartiality of our legal institutions.
The Rule of Law Depends on Fairness
The rule of law requires that every person, no matter how unpopular, receives the same procedural protections. It is precisely when groups are labeled as “undeserving” of due process that we must be most vigilant. Today, the target may be one group; tomorrow, it could be another group based on shifting social or political winds. What remains constant is the need for a legal system that applies the same standards of fairness to all.
Due process is not about protecting bad actors; it is about protecting the integrity of the system. It’s what separates a fair justice system from one where outcomes are based on power, prejudice, or expedience.
Protecting Access to Justice
More than the ability to get legal help or enter a courtroom, access is about making sure that fundamental rights like due process remain intact. As advocates for justice, we must push back against efforts to dilute these protections, whether at the state or federal level, that chip away at the constitutional guarantee of fairness.
We urge lawmakers and the public alike to view due process not as a technicality but as a vital protection that safeguards everyone’s rights, reinforces the rule of law, and upholds the legitimacy of our justice system.