November Decision - Part 4

1. 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.

Which political party passed a law abridging the freedom of speech, knowing full well it would be struck down as unConstitutional, then decided to attempt to amend the Constitution when their law failed? Who leads that party?

Which party believes it's OK to require non-Christian children to be taught Christianity in the public schools?

2. 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.

Ah, THIS one we take absolutely literally...

3. 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.
4. 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.

Here's a scary bit: "Why PATRIOT 214 Should Sunset The FISA Court operates in total secrecy, hearing argument only from the Department of Justice. It does not publish any details about the surveillance it authorizes, and doesn't publish any of its opinions. As a result, there's no way for citizens to know how often FISA pen-traps are authorized, whether and to what extent they're being used to spy on Internet communications,..."

Kinda hard to know whether searches & seizures are "unreasonable" and whether probable cause exists, when the warrants are issued by a secret court. Sounds a lot like something that would happen in North Korea!

5. No person shall be held to answer for a 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.
6. 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 wherein 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 defence.

Unless, of course, the Administration decides you're an "enemy combatant". At which point you may be:
- Held indefinitely.
- Not told why you're being held.
- Denied access to counsel.
- Denied access to witnesses.
- (which really isn't that important since the Administration never has to bring you to trial anyway...)


"Only terrorists are in Guantanamo!" Are you sure? You didn't trust Clinton to tell the truth about Ms. Lewinsky; now you trust Bush to tell the truth about who he's locked up?

(imagine some future America, where a liberal President has seen fit to send Pat Robertson into permanent secret exile as a threat to the security of the Nader administration. Bush seems to think this is perfectly acceptable.)

7. 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.
8. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Again, unless the Administration decides they don't like you, at which point you can be denied access to due process to request bail - and punished with life imprisonment whether you're guilty of anything or not.

9. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
10. 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.

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