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Unformatted text preview: the majority of states have extended the right to jury trial to include civil cases, and the Supreme Court has emphasized the vitality of the Seventh Amendment right to jury review in civil litigation. NO MATTER HOW GREAT THE THREAT, DUE PROCESS RIGHTS MUST BE PROTECTED TO SECURE AGAINST TYRANNY David Davis, Associate Justice on the United States Supreme Court, EX PARTE MILLIGAN (Citation: 71 U.S. 2), 1866, www.findlaw.com, Access date: Dec. 17, 2002, p. np. The power of punishment is alone through the means which the laws have provided for that purpose, and, if they are ineffectual, there is an immunity from punishment, no matter how great an offender the individual may be or how much his crimes may have shocked the sense of justice of the country or endangered its safety. By the protection of the law, human rights are secured; withdraw that protection and they are at the mercy of wicked rulers or the clamor of an excited people. ... The founders of our government were familiar with the history of that struggle, and secured in a written constitution every right which the people had wrested from power during a contest of ages. CONSTITUTIONAL RIGHTS CANNOT BE SACRIFICED FOR SECURITY Russ Feingold, U.S. Senator From Wisconsin, HEARING BEFORE THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE, SEPTEMBER 25, 2001, p. np, http://frwebgate.access.gpo.gov/cgi-bin/useftp.cgi? IPaddress=22.214.171.124&filename=81140.wais&directory=/diskb/wais/data/107_senate_hearings, accessed August 26, 2002. There are many commonsense improvements we can make without delay to help this investigation and assist the eventual, and I believe inevitable, prosecution and punishment of the perpetrators of this attack who are still alive. But I am concerned about some proposals that do not appear to strike the right balance between respecting our civil liberties and ensuring public safety. Our Constitution faces its greatest test at times of crises. This is surely such a test. For example, the indefinite mandatory detention provisions in the immigration piece of the Administration's proposed bill raise serious due process concerns. The bill also appear...
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