Breaking down big words and overcoming ‘baby talk version of political discourse’

A huge part of the problem we are having currently is the lack of understanding of legal constitutional terminology in our country — even by those who actually make or enforce the law. Dumbing down the language instead of taking the time to explain the meaning of the words effectively leads to a baby talk version of political discourse.

When asked what the term “Habeas Corpus” meant, Secretary of Homeland Security Kristi Noem completely and utterly failed to provide anything close to an accurate answer. She had no idea what the term meant. She’s literally the person in charge of the Department of Homeland Security. The Deputy Chief of Staff Steven Miller said that the president is actively looking at suspending due process for migrants which is directly in contradiction with the 4th and 5th amendments to the constitution.

So, in an effort to make sure we all understand exactly what these things mean, I will provide the following:

Posse Comitatus:

Directly translates to “the power of the county” in Latin and refers to a group of citizens who can be called upon by a sheriff to help enforce the law. In its original form, this common-law practice allowed law enforcement to gather a group of people to assist with tasks like keeping the peace, pursuing criminals, or suppressing lawlessness. The important part as it applies to the usage in current events is “The Posse Comitatus Act” of 1878, which limits the ability of the federal government to use military personnel for civilian law enforcement, a concept closely related to the historical posse comitatus.

Habeas Corpus:

This is a judicial order requiring law enforcement authorities to produce a prisoner they are holding and to justify the reason for a prisoner’s continued confinement. This is important to understand because it is directly connected to the Fourth and Fifth Amendments in the constitution which guarantee a person’s rights to be secure in their person and free from harassment by law enforcement agencies.

Due Process:

Due process is the fundamental legal principle that ensures fairness in civil and criminal matters, particularly in court. It’s rooted in early English common law and constitutional history. At its core, it’s the guarantee of the US Constitution. The Fourteenth Amendment’s Due Process Clause says specifically that no person (person is a key word here) shall be deprived of “life, liberty, or property, without due process of law.”

The First Amendment:

The first amendment of the constitution doesn’t only guarantee free speech, it also encompasses several other rights as follows:

Freedom of Speech: This can be speaking, displaying signs, or writing, which are forms of speech protected by the First Amendment.

Right to Assemble: This allows people to gather together to protest.

Right to Petition: This right allows citizens to express their grievances to the government and advocate for change.

Please understand that while free speech is protected in most cases, not all forms of speech are. The old adage applies here in that one who yells fire in a crowded theater is not protected by the freedom of speech, from freedom of consequence. Also, this is a federal government requirement and privately owned platforms can limit or restrict what they allow. So no, you can’t sue Facebook for taking down your post about JD Vance doing the nasty with a couch, but you can definitely say that without fear of our government kicking in your door and hauling you off to a black site for rendition.

Martial Law:

No, it is not “Marshall Law” stop spelling it like that. It literally screams you have no idea what you’re talking about. The actual meaning of this terminology is as follows:

This is a legal system where military authorities temporarily replace civilian authorities to maintain order, often during emergencies like war, riots, or natural disasters. It involves suspending civilian laws and judicial processes, with military tribunals and soldiers taking over law enforcement.

Currently speaking, the United States military does not have the numbers required to enact a national state of martial law. There just under 3 million active and reserve troops around the world, that is not enough to appropriately secure the other roughly 337 million of us. Especially considering the 107 million of us that are currently armed legally, and an unknown number of us that are illegally armed.

That being said, we will probably never see martial law directly enacted nationwide. Those limits are being tested currently in California, and this may be a learning/training experience for the forces they intend to develop and deploy at a later date (think November 2028 if not sooner depending on how November 2026 turns out.

A slight side note here: Now that you understand these terms you might be tempted to do righteous battle in the comments sections of social media platforms. I ask that you reserve your thumbs of fury for only those who prove worthy of battle. Most commonly now, comments are intended to inflame reaction, but are also generated by bots. Ultimately if you have never fully read “The Constitution of The United States of America,” I highly suggest that you do. If necessary you can pull it up on YouTube or YouTube music and listen to it like an audiobook, it takes a couple of hours, but can give one a greater understanding of the reasons why it is crucial to stand in and on this moment in history.

This story appeared in the October edition of The Black Iowa Newspaper.