Bill of Right(s)

THE BILL OF RIGHTS is comprised of the first 10 amendments to the Constitution. They are designed to make sure that the citizens of the United States of America are never deprived of basic human and civil rights. This page serves to examine how our Bill of Rights has been dismantled by the Bush Administration to the extent that it is now the ‘BILL OF RIGHT,’ with only the third amendment remaining.

The Patriot Act of October 2001 and the Military Commissions Act of October 2006 are just two examples of how our rights are not only being threatened by the Bush Administration, but of how they are being systematically terminated. Both bills were signed into law by President George W. Bush, and both were met with significant but not adequate protest and opposition. Unfortunately, it has become apparent that many of our representatives in Congress did not even read these bills before they voted to pass them.

THE PATRIOT ACT
The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, or the USA PATRIOT ACT is over 300 pages long and includes many provisions which allocate broad sweeping powers to the President and other officials, effectively depriving us of some of our constitutional rights and setting a precedent for more to come.

The First Amendment of The Constitution states:

“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.”

Under the Patriot Act, the government may prosecute librarians or record keepers if they tell anyone the government subpoenaed information related to a terror investigation. This deprives those individuals of the right to free speech. The Patriot Act also grants the government the right to monitor religious and political institutions without suspecting criminal activity. This provision is in blatant disregard of the First Amendment. While not explicitly stated, it is implied that we have the right to peaceably assemble and to practice religion freely without being monitored.

The Fourth Amendment of the Constitution reads as follows:

“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.”

The USA Patriot Act allocates power to the United States government to search and seize any American’s papers and effects without probable cause, so long as they determine that it is part of a terror investigation.

The Sixth Amendment of the Constitution states:

“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.”

Under the Patriot Act, Americans that have been deemed ‘unlawful combatants’ – which is in itself an undefined term without specific requirements or qualifications that must be met – can be held in jail incommunicado, indefinitely without trial, without being charged, without being able to seek counsel from an attorney, and without being able to confront witnesses against them.

THE MILITARY COMMISSIONS ACT
The Military Commissions Act was passed more recently than the Patriot Act, and appropriately continues to deprive us of our rights. The most controversial portion of the bill works to eliminate the writ of Habeas Corpus, or our basic rights to a speedy trial by a jury of our peers, for all those deemed ‘enemy combatants.’ The term ‘enemy combatant’ is highly subjective and undefined, and there are no specifications that one need satisfy to qualify as an ‘enemy combatant.’ Basically, ‘enemy combatants’ are those that the president or his administration deem ‘enemy combatants.’ Habeas Corpus is in no way a novel idea, nor is it unique to the United States. It has been in protected existence since long before American independence, and has only recently been taken away.

The Second Amendment to the Constitution reads:

“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.”

When jailed without cause, your right to bear arms is most definitely infringed upon.

The Fifth Amendment of the Constitution is as follows:

“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.”

The “due process of law” phrase that is included in this amendment refers to our standard of trial by jury, which is also addressed in amendment six. The termination of the writ of Habeas Corpus runs contrary to this constitutional amendment and is in obvious violation of the terms of the Constitution of the United States.

The Sixth Amendment of the Constitution states:

“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.”

Under the Military Commissions Act, detainees are not granted the right to any trial at any time, much less a ’speedy and public trial by an impartial jury,’ nor are they ‘informed of the nature and cause of the accusation’ or ‘confronted with the witnesses’ against them. They are not allowed ‘the assistance of counsel’ and are often held incommunicado. This part of the Military Commissions Act makes it blatantly clear that the bill is unconstitutional beyond a matter of doubt.

The Seventh Amendment of the Constitution reads:

“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.”

According to the Military Commissions Act, the right of trial by jury shall NOT be preserved for anyone deemed an ‘enemy combatant.’

The Eighth Amendment of the Constitution is as follows:

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

When an ‘enemy combatant’ is held indefinitely, instead of requiring excessive bail, no bail is required. And, while GWB has redefined torture, it is pretty apparent that we do inflict ‘cruel and unusual punishment.’

The Ninth Amendment of the Constitution states:

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

Along with countless others, the right not to get water boarded seems like it should be retained by the people… and yet it isn’t.

The Tenth Amendment of the Constitution reads:

“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.”

Unfortunately, these powers are currently reserved for the President and the federal government, rather than the states and the people.

THE LAST REMAINING RIGHT
The third amendment of the United States Constitution states:

“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.”

While it is significant that the third amendment has been preserved, it is arguably the least important amendment in the bill of rights, as it really doesn’t apply to modern life. However, it is still important that it is preserved, and that we somehow find a way to reinstate the Constitution to it former and rightful state.