Our Bill of Rights - Can you give examples of what we've lost since 2000?

[eleny]

I know that some don't apply like quartering troops in homes. But others like the establishment of a religion and the search and seizure are on the slippery slope or gone completely.

I could sure any help compiling a strong list for debate. I'm hunting DUs archives and Googling but I'm sure I'm missing a lot. When I'm done I'll put it in the DU Demopedia, too. Hopefully, we won't ever have to add to it. :(

Amendment I
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.

Amendment II
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.

Amendment III
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.

Amendment IV
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.

Amendment V
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 offense 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.

Amendment VI
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 defense.

Amendment VII
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 reexamined in any court of the United States, than according to the rules of the common law.

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

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

Amendment X
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.

[johncoby2]

1. The right to a civil trial by jury.

Amendment VII
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 reexamined in any court of the United States, than according to the rules of the common law.

The abuse of arbitration in contracts has replaced a civil trial. Arbitration has been exposed as being extremely expensive and grossly unfair in four different studies by the Texas House and Senate, as well as consumer organizations.

The homebuilders especially Bob Perry, the financial backer of the swiftboat liars, have used mandatory binding arbitration as a non-negotiable clause in their contracts. Most every homebuilder uses this.

[eleny]

4. Thank you so much!

I had nothing for this Amendment. And I take it that this abuse started after W took office?

[johncoby2]

14. You bet cha!

Tort reform orginated in Texas under W and the homebuilding industry. And it is spreading like fire.

[Carolab]

2. I'd say that all of them are at the least weakened.

And as for what rights are stripped I'd read the Patriot Act parts I and II, and then move into what happens under martial law.

[eleny]

5. Thanks Carolab - I'll do that

I know about Pat Act re the search and seizure where they can come into our homes and take something and never tell us. I think this is what you must mean.

[proud patriot]

3. IMHO 4 and 6 are no more

:cry:

[eleny]

6. In terms of amendment VI

I'm thinking that this relates to Guantanamo and how if they think anyone is a terrorist, including US citizens, they can pull them in and pretty much throw away the key.

[Carolab]

8. Lots of information about that here

http://www.debate-central.org/topics/2005/LINKS/Detainment/Indefinite_detention-Con/

[Carolab]

7. Check this out--relates to I and also to civil rights act

https://secure.aclu.org/site/Advocacy?id=151

[Carolab]

9. Here is an EXCELLENT source

http://www.bordc.org/threats/index.php

[eleny]

12. Thanks so much Carolab!

I don't know if I should be happy or depressed. But you know what I mean.

[seabeyond]

10. our sanity, goodness, civility n/t

[Sabriel]

11. Wellll, I guess torture comes under VIII, right?

So that one's out the window. Also, my library record can be accessed on a whim now, so toss out IV, too.

[eleny]

13. I use the library so much

They get so many of the books we like to read here in DU.

Do you ever balance out your library books with ones written by right wingers just to throw off the bastards? Just a silly question. Ignore if it's too stupid for words!

[eleny]

15. A kick hoping for any more help

And a thanks to everyone who replied yesterday!

[The Stranger]

16. The First Amendment

1. The massive infestation of the government with the religious zealots.

2. Congress allowing monies to be distributed to "faith-based" organizations that refuse to support "sectarian" needs.

3. The invasion of religion into public schools, public school textbooks in the form of "intelligent design" Creationism, antithetical to the scientific method.

4. The separation of powers by Congress (maybe 10th Amendment) seeking to destroy the federal courts and (Cornyn, DeLay and others) justifying violent actions against the judiciary.

5. The declaring illegal "ties" to certain organizations without there being any crime committed and only peaceful actions taken. The First Amendment allows for the free exercise of ideas and "the right of the people, peaceably to assemble."

6. The "Patriot" Act's invasion of the right to privacy and to public libraries, and the prior restraint against librarians who seek to disclose to the public that innocent persons are having their library records searched -- is completely unconstitutional.

[eleny]

18. Thank you for your responses, Stranger

I'll study your point #4. Certainlly, it's a battle between state's rights and federalism. Odd that the SCOTUS voted against state's rights regarding the use of medical marijuana. That's a right wing erosion without even help from the Patriot Act.

[The Stranger]

17. Amendments V and VI

The Patriot is almost a complete violation of the Fifth Amendment (and the 14th Amendment's) guarantee of due process of law.

The notion that someone can be declared an "enemy combatant" by the President (the Executive) and stripped of all rights violates at least five centuries of jurisprudence. The justification of torture by the "attorney general" is a regression possibly even worse.

The common law courts established procedures to prevent kings and nobles from arbitrarily picking people off the street (or field, as it were) and throwing them in prison indefinitely.

We have lost centuries of hard-won progress and bloodshed lost by many unnamed heroes for human rights, yet the irony is that these criminals use "freedom" as a cover for their crimes, and the people are too stupid to see through this.