OMG, it annoys me as a Western-State Libertarian all the rights that we have lost recently. Let's take a SMALL review. FYI - remember now that Congress gave the President full rights to declare ANYONE (including American Citizens) an "Enemy Combatant" without any proof.....
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The Bill of Rights, which has stood well for Americans over 200 years. It was so important to our country back then that the Constitution didn't come into effect until these were ratified!
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First Amendment – Establishment Clause, Free Exercise Clause; freedom of speech, of the press, and of assembly; right to petition
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Right to Assemble for purposes of free speech: No longer applicable. At government functions (OUR GOVERNMENT) any assemblies for purposes of dissent are removed from the function by .5 to 2 miles (at least 8 football fields away). This also occurs during Republican and Democratic Political Conventions, so our rights have also been removed for a non-governmental agencies and paid for by our tax monies (to police and private security enforcers).
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Second Amendment – Right to keep and bear arms.
A well regulated Militia, being necessary to the security of a free State, the right of the People to keep and bear Arms, shall not be infringed.
Secure Now: Not only muskets, but the right of individuals to own semi-automatic and automatic handguns and AK-47s as long as they have been altered to shoot no more than 1 bullet a second.
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Third Amendment – Protection from quartering of troops.
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
Ignored in occupied territories after end of hostilites. The US government in Iraq also quarters private security troops without the consent of the Owner. Yee-ha!
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Fourth Amendment – Protection from unreasonable search and seizure.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Overturned: The recently passed FISA laws have overturned the right to unreasonable search without warrants. (And, in case you wondered, there isn't a bucket-of-spit difference between McCain and Obama on this - they both voted for it). This may get overturned by the Supreme Court but the retroactive immunity from prosecution of government members and abetting telecoms will not be overturned.
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Fifth Amendment – due process, double jeopardy, self-incrimination, eminent domain.
No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Due Process: Overturned for "Enemy Combatants" (of which any American can now be declared by whim of government).
Self-Incrimination: Overturned for "Enemy Combatants" (of which any American can now be declared by whim of government).
(FYI - let's look at the case of Jose Padilla "Padilla was arrested in Chicago on May 8, 2002, and was detained as a material witness until June 9, 2002, when President Bush designated him an illegal enemy combatant and transferred him to a military prison, arguing that he was thereby not entitled to trial in civilian courts. Padilla was held for three-and-a-half years as an "enemy combatant" after his arrest in 2002 on suspicion of plotting a radioactive "dirty bomb" attack. That charge was dropped and his case was moved to a civilian court days before the supreme court could rule on it. So there you go, 4 years of SOLITARY CONFINEMENT before any trail at all. (sorry copied from Wikipedia so I can't remove the underlines).)
Eminent Domain: "Public Good" is now defined to include condemnation of private property for other private property such as a Best Buy or Shop-Right. So your house or church can be condemned to build a Ford dealership because it generates more tax money. A pretty wide definition of "public good" in my book.
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Sixth Amendment – Trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
1) No longer in effect for Enemy Combatants.
2) Supreme court ruled that the right to a "speedy and public trail" and "right to counsel"does not mean a competent trail. Having a defender appointed that SLEEPS during the trail is not a violation of the 6th amendment.
3) Ruled that the Confrontation Clause is not a right when the witness against the defendant is a prison informant or a minor or a federal official.
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Seventh Amendment – Civil trial by jury.
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.
No longer in effect for Enemy Combatants.
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Eighth Amendment – Prohibition of excessive bail and cruel and unusual punishment.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Idiots on the bench decided that murder can be a capital crime, but raping a child cannot be. Are you freaking kidding me!
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I think if you rape a 10 year old you should be killed slowly and painfully. I do not think that is cruel or unusual, I think it is appropriate for the crime. Hell, I would televise it - and then burn the perpatrator's private parts on a public fire. Really.
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Ninth Amendment – Protection of rights not specifically enumerated in the Bill of Rights.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
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Tenth Amendment – Powers of states and people.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
See this kind of says that Marriage laws are the domain of the states, but the Defense of Marriage law says that the Federal Government will not recognize same sex marriages - even if they are lawful under state law. FYI - this is why the Defense of Marriage law will be thrown out some day soon. Marriage licenses are a state responsibility like local speed limits, city incorporation standards, hunting licenses and dog licenses. But I am sure that we want the Feds to regulate all of these too.