The Death of the US Constitution

There are times when it's necessary to take a step back, look at the big picture that is the status quo, and reflect on how it compares to times past. This post will examine the Bill of Rights, the first ten amendments added to the US Constitution, in comparison to current governmental observance thereof.

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."

The House spent a day of time worth roughly $10 million reaffirming the national motto "In God We Trust," as if doing so was an actual necessity. Wither "no law respecting an establishment of religion."

In commenting on closing down Occupy LA, Mayor Villaraigosa said, "During the park closure, a First Amendment area will remain open on the Spring Street City Hall steps," implying that observance of free speech rights can be restricted by the states at all, let alone to specific geographical areas. SOPA and PROTECT IP legislation doesn't make it likely that the federal government pays any more attention to this amendment. Wither "freedom of speech."

Following a raid on Occupy Oakland, members of the press were removed from the protest area and told that it was now a no-fly zone. Two days before, press members with proper identification were met with police intimidation. Wither "freedom... of the press."

Many of the Occupy protests have been peaceful. Among these was one that took place on the U C Davis campus, where the students involved had every right to be there. This was also a site of police brutality, where Lt. John Pike used pepper spray on sitting students. A claim that the police were surrounded was later refuted by multiple angles of video taken by students with cell phone cameras. Wither "right of the people peaceably to assemble."

While the Occupy movement has many goals, a commonly prevalent three among most of its constituents is ending corporate personhood, reinstating the Glass-Steagall Act to reestablish separation of commercial and investment banks, and prosecuting those on Wall Street responsible for the sub-prime mortgage crisis. While a more formal draft of these grievances is still pending, it seems the voices of those in the movement have fallen on mostly deaf ears. Wither "petition the government for a redress of grievances."

Second Amendment

"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."

Few violations of this amendment originated recently. The Brady Handgun Violence Prevention Act continues to impose a federal mandate requiring background checks for firearm purchases, where requirements have become more extensive and in some cases unrelated to firearm ownership since about 2008. Most states also require that a citizen secure a permit to carry that firearm in public, whether concealed or openly.

One phrase that is often overlooked when interpreting this amendment is "to the security of a free state." Several of the authors were statists; that is, they believed that the federal government should have few abilities with the rest left to the states. They also came from a country with a corrupt government and, in the event that theirs should fall to the same fate, likely wanted to communicate to citizens for the sake of awareness that revolution would remain an available course of action.

Third Amendment

"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."

This amendment was more applicable in times early in the country's history when its antithesis was a fairly common occurrence. There really hasn't been need for it since. This is one of the few amendments that Congress hasn't violated domestically, probably because a significant portion of the military is off in other countries like Afghanistan and Libya and the rest inhabit established bases (or their own homes in the case of reserves) throughout the country. Note that the amendment is not specific as to whether the quartering is domestic or foreign, yet this has happened and is happening in countries like Iraq and Afghanistan.

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."

The US PATRIOT Act relaxed many warrant and surveillance (e.g. wiretapping) requirements, widely expanding the capabilities of organizations like the FBI to search and seize private property.

Occupy protesters have had their private property seized or destroyed by law officers.

Fifth Amendment

"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."

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 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."

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."

Eighth Amendment

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

The National Defense Authorization Act of 2011 seeks to require Congress only to place the label of "terrorist" on an individual, American citizen or no, in order to remove their rights to due process, a trial, or any representation at all. Military force could be employed without probable cause or formal charge and the individual could be detained indefinitely, which could be interpreted as cruel and unusual.

Ninth Amendment

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

Tenth Amendment

"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."

Organizations like the FBI continue to conduct raids in states like California, which have legalized marijuana for medical use, claiming that federal marijuana laws are being violated when the right to control drug usage is not delegated in the Constitution and should be reserved for the states.

Conclusion

The federal government has evolved to a state where they observe the Constitution when it suits them, treating it more as a guide than giving it the respect it deserves for the level of law that it is. The Constitution as we know it is dying, particularly with the recent consideration of this year's National Defense Authorization Act. The founding fathers were right to restrict the powers of the federal government when they originally drafted the Constitution: look where allowing it to take on other powers has gotten us.