Source: Judging Freedom
by Andrea P Napolitano
“Due process has numerous definitions and aspects, but for constitutional purposes it basically means that all charged persons are presumed innocent and entitled to a written notice of the charges, a speedy and fair hearing before a neutral fact finder, a right to appeal; and the entire process imbued with fairness and a profound recognition of personal innocence until guilt is proven beyond a reasonable doubt. Due process also explicitly prohibits the use of torture. … James Madison and the Framers crafted protections in the Constitution to which all in government needed to swear allegiance and support. Fast forward to Gitmo, and you can see the constitutional system turned on its head.” (07/17/25)