Home -> Law Blog Directory -> Human Rights Law Blogs -> Never In Our Names

Human Rights Law

: Never In Our Names

UPDATED! Get your revised 4th amendment here

By Alexa

[By twocents, posted with muchas gracias y propinos. go give twocents some love at the Great Orange Satan.]

THESE ARE BUSY TIMES, and there's an election to win. So many things to be done, that I thought it might help my fellow Kossacks to have their new fourth amendment protections available in standard editing form:

The [previous] right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated [dependent upon the discretion of the government], and no Warrants shall issue [only sometimes be needed later], but  [with no legal requirement to demonstrate] upon probable cause, supported by Oath or affirmation, and [with no legal requirement for] particularly describing the place to be searched, and the persons or things to be seized [because 9-11 changed everything].

Yes, this is a short diary. As I said, these are busy times and there's an election to win. But for those who insist on diary length, maybe this repost from July 4th will do, being a cautionary tale now two steps closer to reality...

WHEN THEY CAME FOR THE FIFTH AMENDMENT...

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.

...and declared Americans to be 'enemy combatants' without due process rights, I did nothing. I was not an enemy combatant.

WHEN THEY CAME FOR THE SIXTH AMENDMENT...

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.

...and held Americans without trial or counsel, I did nothing. I was not facing criminal prosecution.

WHEN THEY CAME FOR THE EIGHTH AMENDMENT...

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

...and tortured Americans, I did nothing. I was not being tortured.

WHEN THEY CAME FOR THE FOURTH AMENDMENT...

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.

...and monitored Americans' communications without warrant, I did nothing. I was not afraid of what I said on the phone.

WHEN THEY CAME FOR THE SEVENTH AMENDMENT...

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.

...and denied Americans civil trial through retroactive immunity, I did nothing. I was not a party to any such suits.

SO WHEN THEY CAME FOR THE FIRST AMENDMENT...

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.

...there was no Bill of Rights left, to speak for me.

Full post as published by Never In Our Names on July 09, 2008 (boomark / email).