"It is fundamental that the great powers of Congress to conduct
war and to regulate the Nation's foreign relations are subject to the
constitutional requirements of due process. The imperative necessity
for safeguarding these rights to procedural due process under the
gravest of emergencies has existed throughout our constitutional
history, for it is then, under the pressing exigencies of crisis, that
there is the greatest temptation to dispense with fundamental
constitutional guarantees which, it is feared, will inhibit
governmental action."
Justice Arthur Goldberg
US Supreme Court Justice
Kennedy v. Mendoza-Martinez, 1963
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Reader comments about this quote:
Well... "has existed throughout our constitutional history..." until now that is... sigh.
 -- Anonymous, reston, VA     
  • 2
    This nation has a long history of "dispensing with fundamental constitutional guarantees"; the War amongst the States being the best example.
     -- Justin, Elkland, Missouri     
  • 2
    No truer words were ever spoken. Marx's Communist Manifesto has superseded the Bill of Rights. Those who doubt this need only to cease waiving their rights on tax returns and see how much due process you get. Three times the state had had me in court on tax charges and each time I was denied discovery when no branch of government spends money or pays anyone for anything. The Federal Reserve never lied when they said their system of plunder "works only with credit" and Frederic Bastiat wrote in 1850: "When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time, a legal system that authorizes id and a moral code that glorifies it."---Economic Sophisms
     -- Dave Wilber, St. Louis     
  • 2
    yep! Dave, I've had more than a couple of the same type situations. Way to stick in there thank you.
     -- Mike, Norwalk     
  • 2
    "Due process" has become an inconvenience these days. Congress hasn't declared a war since WW2, yet how many wars have we been in? How many are we in now? There does not appear to be an actual way to keep the President in check. Bush without restraint really screwed us, and Obama without restraint is going to screw us even more. The Supreme Court will not even hear any grievances from the People. Our government is completely without checks and balances now -- it is only about how much can we raid from the Treasury or more accurately how much government subsidies can we get at the expense of the poor and future generations. That's right, the poor will be hurt the most from Obama's print and spend 'stimulus.' Unfortunately, the poor did not get the education needed to understand it. That $600 check you got in the mail care of Obama has a $50,000 price tag on it -- per person!
     -- E Archer, NYC     
  • 2
    There is an intellectual integrity void among five of the justices in the current Supreme Court.
     -- gc wall, Phoenix     
  • 2
    Hence force flag central USA... 911 was an example and look where it has taken us.....
     -- Robert, Somewhere in the USA     
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