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I have heard more than one person break down with emotion talking about their experiences with Pope Francis, who died last month. (As of this writing, the conclave to choose a new pope was underway.) He washed the feet of prison inmates. He ate with the destitute in soup kitchens. He prayed with migrants at the U.S.-Mexico border. He is called openhearted, nonjudgmental, loving.
In short, Francis treated everyone with respect for their humanity and inner equality.
The legal world, with its harsh rules, cold logic and adversary procedures, may seem light-years away from the spiritual realm where Pope Francis did his work. But strange as it may seem, one of the core principles of our legal system mirrors the universal respect shown by Francis. For 800 years, this doctrine has given ordinary citizens the means to stand up to absolutist rulers. Now it is on center stage: the requirement of due process of law.
The Fifth and 14th Amendments to the U.S. Constitution prohibit the government from depriving any person of life, liberty or property without due process of law. These familiar constitutional requirements rest on a tradition of individual liberty that goes all the way back to the Magna Carta in 1215.
The constitutional language would appear clear, but in an interview aired Sunday President Donald Trump said he did not know whether truly all persons in the U.S. deserve due process.
The Trump administration prides itself on moving fast and breaking things. It prefers abrupt, unilateral action: research grants and contracts — axed without warning. Thousands of federal workers — fired by mass emails. Harvard’s nonprofit status — suddenly stripped. Security clearances of major law firms — suspended. Venezuelan migrants — labeled as invading terrorists based on clothes and tattoos.