Prof. Larry Bell’s Op-Ed In Offense Against the Progressive War On Patriotism‘ is a must-read.   Our free APPS on Apple, Android, or Alexa give you 24/7 access to the best talk radio in America.  The weekend news magazine, Viewpoint This Sunday at 6 PM ET, ‘Build Back Better to Communism’ airs on the iHeart Radio Network.   

November 28, 2021

November 28, 2021

Your Source for Free Speech,
Talk Radio, Podcasts, and News.

Mask and Vaccine Mandates to Eviction Moratoria: A Right to Due Process

by | Sep 6, 2021 |

Print Friendly, PDF & Email

Why should you be aware of the Due Process Clauses? Because they seem to be lost in the noise created by the current legal climate. A dive deeper into these two clauses, will not only show how badly these rights have been violated, but how you can protect yourself from these infringements.

Before we examine these clauses more deeply, we should really have a strong grasp of what Due Process is. Made up of two words, you would think it is a quite simple definition. However, small and simple are not necessarily related.

Due: Owed; that ought to be paid or done to another.

Process: A proceeding or moving forward.

So, Due Process is a proceeding that ensures what is owed, what must be paid or done to another. If you don’t find that definition very helpful, I don’t disagree. This is why I like to use the definition of the phrase from The Free Legal Dictionary:

An established course for judicial proceedings or other governmental activities designed to safeguard the legal rights of the individual.

Due Process – The Free Legal Dictionary

The Fourth through Eighth Amendments in the Bill of Rights are referred to as the “Due Process Amendments” because they are designed to safeguard your legal rights as an individual. Everything from reasonable searches and warrants to protections against excessive bail or fines are included in these amendments. While not the sum total of the protection of your rights, these amendments were created as part of the Bill of Rights specifically to protect the rights most likely to be infringed upon by the government. And right there in the Fifth Amendment is its Due Process Clause.

No person shall … be deprived of life, liberty, or property, without due process of law; 

U.S. Constitution Amendment V

The Fifth Amendment includes so many protections. The requirement of a Grand Jury indictment for capital or infamous crimes and protections against double-jeopardy and self-witness are all included in this one amendment. However, it seems that of the last two, the Due Process and Takings Clauses, everyone focuses on the latter to the detriment of their own case.

The Fifth Amendment, along with its counterpart in the Fourteenth (which specifically applies to the states), requires that before you are deprived of life, liberty, or property, there must be due process of law. Meaning that before you can be deprived of these things, the government not only has to follow a process that protects your individual rights, but it has the burden of proof that you are being deprived of them for a lawful cause. The government isn’t allowed to simply declare that something is an emergency and deprive you of your rights. Unfortunately, that is exactly what has been happening in the last 18 months.

Government actors claim there is an emergency and that it gives them the right to deprive you of your life, your liberty, and your property without even claiming that you are a danger to others, much less actually proving it. And because the American people are so ignorant of both the Constitution and their rights, most of them went right along with the tyranny. Not only did many Americans comply with these orders, but many also seemed to make it their mission to bully others into compliance as well. When those in government couldn’t get around the laws directly, they got businesses and corporations to do it for them. And during all of this, most of the American people sat back and did little more than complain, if even that. In short, due process was effectively thrown out the window while the American people either watched or helped.


Life, Liberty, and Property

When I first started studying the Constitution, I wondered why the Framers listed these three items in the Due Process Clause. Why not include rights or freedom? What was so important about these three things that they should be protected so? Then, as I studied them, I realized just how overarching this clause truly is.


Of the three, life is probably the easiest to describe. We all know that if something is breathing and has a heartbeat, it is alive. And since no one on earth can return your life to you, it is important that it be protected. That is why I believe, that life is included in the due process clauses. If you can have your life taken away by a process that does not protect your rights, well, what are liberty and property worth without your life?

We’ve all seen reports about the conviction of Dereck Chauvin for the death of George Floyd. Whatever the charge, Mr. Chauvin was found, by a jury of his peers, to have deprived George Floyd of his life in a process that did not protect his individual rights. This judgment has led to Mr. Chauvin being deprived of his liberty. This however, was done with due process of law, meaning Mr. Chauvin’s individual rights were protected.


If you ask most people to describe liberty, I think what you’ll find is more like “I’m not sure, but I’d recognize it when I see it” than a real definition. When I wrote my book, The Constitution Study, I decided I needed to do some research to come to a real, workable definition of liberty.

Liberty: Freedom from restraint, in a general sense, and applicable to the body, or to the will or mind.

Liberty – Websters 1828 Dictionary

To start with, liberty is freedom from restraint of any kind; the freedom to both think and act as you like. It doesn’t take much of an imagination to see how this could quickly turn into a real mess. If I do what I want, and you do what you want, what happens when our wants conflict? Liberty would quickly devolve into the biggest, strongest, or most influential getting what they want to the detriment of everyone else. What would happen if I had the freedom to take your wallet, your car, or your cellphone, or if you had the freedom to take mine? This general liberty, or anarchy, has to be tempered by something.

Natural liberty consists in the power of acting as one thinks fit, without any restraint or control, except from the laws of nature.

So general liberty is tempered by natural liberty, the power to act as one thinks fit restrained only by the laws of nature. What are these laws of nature? They are the laws so obvious that a sane person doesn’t need to have them written down. I like to summarize them as… “we don’t hurt people and we don’t take their stuff.” But what about things that are not part of the natural law?

Civil liberty is the liberty of men in a state of society, or natural liberty so far only abridged and restrained, as is necessary and expedient for the safety and interest of the society, state, or nation.

Civil liberty only places restraints on natural liberty as is necessary and expedient for the safety and interest of society, but there are two very important questions we need to ask here. First, who determines what is necessary and expedient for society? And second, how do they prove it?

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,

Declaration of Independence

Since the role of government is to secure our rights, not to define them, and since governments get their just powers from our consent, then it cannot be the government who determines what is necessary and expedient for society. Instead, ‘We the People’ are supposed to determine what is necessary and expedient for the safety and interest of society. Otherwise, the government is exercising powers we have not consented to and are therefore unjust.

It’s more than that though, since it’s not enough for government or society to simply state, “We need this.” There has to be some proof. And this is exactly what’s been missing around the world for the last 18 months. We were presented with doom and gloom predictions of millions dead from a deadly disease, only to find that the death rate is a small fraction of what was predicted.

But don’t worry, the same people who first claimed that masks wouldn’t work, then proclaimed that vaccines would prevent you from getting sick. Then, that it would only mitigate symptoms. Of course, these are the same people who are claiming that you need to follow their mandates, without any evidence of their effectiveness, because they are the “experts”. It seems we’ve forgotten that even experts can be, and often are, wrong. This is why it’s so important that we require governments to follow due process before they are allowed to deprive us of anything.

What happens when restraints are put on our liberty that are not proven to be necessary for the safety and expedience of society?

A restraint of natural liberty not necessary or expedient for the public is tyranny or oppression.

Liberty – Websters 1828 Dictionary

When we allow restraints on natural liberty not necessary or expedient for the public, whether that be by governments, businesses, or neighbors, what we have is tyranny. Yes, public mask and vaccine mandates are illegal and must be challenged. Also, what private mandates may be legal, that does not make them moral. If someplace you do business with, where you work, go to school, or any place else, mandates you take action without proving the need for it, that is tyranny. Think about that the next time you walk into a business and see that “Masks Required” sign or when your employer tells you that you must get vaccinated. Ask yourself, will you trade your essential liberty for what has proven to be a false promise of safety?

They who would give up an essential liberty for temporary security, deserve neither liberty or security,” – Benjamin Franklin.


If liberty is the least understood of the rights protected by the Due Process Clauses, then property is the most misunderstood. I think it’s because we use the word ‘property’ in our everyday lives. We have real property and personal property which, I think, leads us to believe that property is stuff, but is that the limits of property?

This term in its particular application means that dominion which one man claims and exercises over the external things of the world, in exclusion of every other individual.”

In its larger and juster meaning, it embraces everything to which a man may attach a value and have a right; and which leaves to everyone else the like advantage.

James Madison – For the National Gazette, 27 March 1792

If we think of property as what we attach value to and have exclusive control over, then property becomes a very interesting right after all. Sure, you have a property in your home, your car, and even in your phone. You also have a property in what you say, what you think, and even what you believe. You have a property in your body and in your liberty. You have a property in your business and your ability to work. In short, you have a property not only in what you own, but in who you are. As James Madison put it…

In a word, as a man is said to have a right to his property, he may be equally said to have a property in his rights.

Yet this right to property is not only ignored today, but it seems everyone from corporations, pundits, and average Americans are just as ready to deprive you of it as politicians, judges, and bureaucrats. How often have our rights to property been denied while some legal eagles debate about whether it’s a violation of the Takings Clause or some other esoteric opinion of some previous judge? The sad truth is, I cannot remember the last time I heard of a case in federal court that actually argued a deprivation of rights without due process. Yet if your body, your faculties, your abilities, and the very essence of who you are is your property, what are you willing to do when you are deprived of them?

So why do I focus so much on these Due Process Clauses? Because it is being violated almost every day at some level within the United States. From mask and vaccine mandates to eviction moratoria, from lockdowns to declarations of “essential businesses”, these are deprivations of either liberty or property without due process of law. And that’s not all. Healthcare laws, vehicle standards, toilet standards, lightbulb standards, forced collection of union dues, even the political primaries, are designed to deprive you of your life, liberty, or property, and they’ve all been done without due process of law.

I cannot count the number of people who have asked my advice about a Due Process Clause case only to find out their legal advocates haven’t even considered the subject. All the more reason we need to educate ourselves about our rights and how they can be protected by the Constitution of the United States. I believe this is why John Jay said “Every member of the State ought diligently to read and study the Constitution of his country, and teach the rising generation to be free.” Not simply so we can defend our rights, but so we can help others defend them as well. So when we see rights being violated we understand not only our rights, but our duty to help the victim. And so that we can assist in the defense of others, both legal and societal.

Now that you have a better understanding of the Due Process Clauses, what do you intend to do with this knowledge?

Will you simply file it away as one more piece of data you never plan on using? Or will you use it to help that child being masked, the employee being told to get vaccinated if they wish to keep their job, or the small business owner being bullied by some government official to give up their rights to stay in business. Will you stand up, and come to the defense of those being intimidated by government or society? Or will you turn your head in shame and wait patiently for your turn to be deprived? As James Madison said:

If the United States means to obtain or deserve the full praise due to wise and just governments, they will equally respect the rights of property, and the property in rights: they will rival the government that most sacredly guards the former; and by repelling its example in violating the latter, will make themselves a pattern to that and all other governments.

The United States, and in fact all of the states, will only obtain such praise when We the People demand it. Will We the People fulfill the promise of our national anthem “with liberty and justice for all”?

Paul Engel

Author and speaker Paul Engel has spent more than 20 years studying and teaching about both the Bible and the U.S. Constitution. That experience helps Paul explain difficult concepts in a way most people can understand. As one manager described, “Paul can take the most complex idea and explain it in a way my grandmother can understand.” Freely admitting that he “learned more about our Constitution from School House Rock (a Saturday morning cartoon) than in 12 years of school,” he says that anyone can be a constitutional scholar. Since 2014 I have been helping everyday Americans read and study the Constitution of their country and teaching the rising generation to be free. Using news and current events as a springboard, I explain the Constitution and encourage others to stand up and secure the blessings of liberty for themselves, their children, and the nation.

Notify of
Most Voted
Newest Oldest
Inline Feedbacks
View all comments
Angela Medeiros
Angela Medeiros
2 months ago

Challenging me to make a change in what I believe in and for our every day lives, for our family, to teach them as I learn how to stand on the god given rights that we have!

Disclaimer: The information contained in this website is for educational, general information, and entertainment purposes only and is never intended to constitute medical or legal advice or to replace the personalized care of a primary care practitioner or legal expert.

While we endeavor to keep this information up to date and correct, the information provided by America Out Loud, its website(s), and any properties (including its radio shows and podcasts) makes no representations, or warranties of any kind, expressed, or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to its website(s) or the information, products, services or related graphics and images contained on the website(s) for any purpose.

The opinions expressed on the website(s), and the opinions expressed on the radio shows and podcasts, are the opinions of the show hosts and do not necessarily represent the opinions, beliefs, or policies of anyone or any entity we may endorse. Any reliance you place on such information is therefore strictly at your own risk.

At no time, nor in any event, will we be liable for any loss, or damage, including without limitation, indirect or consequential loss of data or profits arising out of, in an association of, or connection with the use of this website.

Through this website, users can link to other websites that may be listed. Those websites are not under the control of America Out Loud or its brands. We have no control over the nature, content, or availability of those sites. America Out Loud has no control over what the sites do with the information they collect. The inclusion of any links does not necessarily imply a recommendation, nor does it endorse the views expressed with or by them.

Every effort is made to keep the website up and running smoothly. However, America Out Loud takes no responsibility for, nor are we, and will not be liable for being temporarily unavailable due to technical difficulties beyond our control. America Out Loud does not sell, trade, nor market email addresses or other personal data.

Use the code ‘OUTLOUD’ and receive your 20% discount on your first order.

In Offense Against the Progressive War On Patriotism

In Offense Against the Progressive War On Patriotism

We have witnessed our recently elected president characterize America as a systemically racist country; nihilistic mobs destroying and defacing statues of historical figures with impunity; and schools, institutions, and streets dedicated to such founding leaders as George Washington, Abraham Lincoln, and Thomas Jefferson renamed because they were “offensive.”

Mass Formation Psychosis Explains Global Trance

Mass Formation Psychosis Explains Global Trance

More patients are waking up to the realization that COVID-19 is treatable, and the hospital can be avoided. Dr. Bowden. like all doctors who are victims of reprisal, enjoy the status of a physician heroine, bright young intelligent, and compassionate. How far our hospitals and health systems have fallen and what a long road they have to win back the respect…

This Week In COVID: Over 37 Million Recoveries

This Week In COVID: Over 37 Million Recoveries

Joseph Goebbels’ strategies and tactics are being weaponized today by the WHO, CDC, FDA, and most governments across the world in order to threaten, intimidate, coerce, and mandate the very people paying for the largest experiment in human history into participating in the experiment. We, the unvaccinated, are the new Jew and beyond that the new slave in the eyes of the global eugenicists…

A Sea Change in American Politics

A Sea Change in American Politics

The President is the whole cast of the Wizard of Oz, all wrapped into one person: He has no brain, no courage, and no heart, and on top of that, we are being told never to mind the man behind the curtain (Hello Barack Obama). With Hillary out there as the wicked witch, all we need is Dorthy to complete the movie. But let us not kid ourselves that the Republican Party is any different from the Democrat Party when it comes to the global cabal calling the shots…

Xi and Joe in the Ultimate Twilight Zone

Xi and Joe in the Ultimate Twilight Zone

Communist China plans to snatch up Taiwan as soon as their Winter Olympics are concluded, much like Russia’s Czar Putin did when he snatched up a portion of Ukraine to reclaim the Crimean Naval Base on the Black Sea following their Winter Olympics. Xi holds Joe by the short hairs! Joe is a feckless, corrupt politician who got wealthy heading up a…

Winsome Sears Represents the Democrats’ Worst Nightmare

Winsome Sears Represents the Democrats’ Worst Nightmare

Being a black woman and a legal immigrant, she negates the Dems’ “go-to” criticism of any successful GOP politician. They cannot credibly call her a racist, a misogynist, anti-immigrant, or a white supremacist; because she is, after all, the opposite of all of them combined. What happened in Virginia should be copied by Americans in every state in the Union…

Your Source for Free Speech, Talk Radio, Podcasts, and News.


Here we take on the challenges of our generation so that we can preserve future generations. Please consider making a contribution in the fight for liberty!



"In those moments when America has lost its way, we hear the words spoken, 'God Bless America,' fairly often. It's not a one-way street however, it's time America blesses God."


The APPS are free; the mission is priceless!

Free APP

Podcast Networks

Apple Podcasts
Google Podcasts

Subscribe and Listen on Your Favorite APP

Our Columnists and Show Hosts

COVID Solution Summit

Apple Podcasts

Evacuating Americans & fully-vetted Afghan's at Risk - Help Us!

Apple Podcasts

Empowering and mentoring conservative trailblazers from Generation Z to win!

Apple Podcasts

Turning Point Action is Recruiting Precinct Chairs - Become a Grassroots Warrior Today!

Apple Podcasts

Please join us to protect the Supreme Court:
Sign the Petition!

Apple Podcasts

The LATINO USA EXIT from the Democrat Party, click for details...

Apple Podcasts

Fighting corporate censorship and ensuring voter integrity...

Apple Podcasts

Support wounded and fallen police officers. The Wounded Blue.

Wounded Blue
Share via
Copy link
Powered by Social Snap