Sounds crazy to say that "due process" might be a bad thing - right? But what if we indicated it, would that sound crazy? And what if when we indicated it it was a case where we REALLY wanted the outcome to go our way and do so without due process - still crazy? Let's explore that through the lens of the 2020 Presidential Election Results.
On 11/4/20 the Presidential race results were so close that no one TRULY knew who had one. Over the next week or two reported results kept moving closer and closer to Biden as the victor.
On 11/24/20 the Trump authorized preparations for a transition of power. Which is effectively or actively admitting defeat.
In between those dates Trump fought with all he had to retain or gain back the election. His fight included many political and promotional methods, but in each state his final stop was the inside court rooms and the American legal system. This process is or was technically due process.
If you're a Biden fan or a Never-Trumper then you should be hailing the positive effectiveness of our justice system and due process itself. You should be saying thing like, "You can try your sneaking lying tactics, but in America you will not simply get away with it, no matter who you are!" Right?
But that's not what's happening, or at least not yet. As of now most of the major left leaning news sources and people are screaming about the how unjust it was that Trump was engaged and even allowed to be engaged in due process when so many of us believed that he lost. That's a lot of people.
NYT; The Daily; 11/24/20; A Failed Attempt to Overturn The Election
In a Democracy or Democratic Republic the will of the majority is intended to rule. And if that's true, and so many people would have preferred to skip due process, then are we at a point where we should reconsider due process itself?
What exactly is our current due process?
Where did it come from / the history of due process?
Cases of it working and not working??
Is this unusual to have so many against due process? And how has due process prevailed and failed under similar circumstances??
If we were to have disallowed Trump due process what precedent might that have set? And how might we imagine that working against us in some case where we wanted the benefits of due process?