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Permit me a little reflection…listed below in their entirety are a selection of amendments from the Bill of Rights, the constitutional document that is considered to be the foundation of our nation, in which I have highlighted the portions that appear to be affected by the legislation that Congress has just passed.
I’d like to point out some things.
The First Amendment reads, “Congress shall make no law respecting, prohibiting, or abridging the right to petition the government for a redress of greivances.” This legislation suspended the right of Habeus Corpus, the right to challenge one’s own detention.
“The right of the people to be secure against unreasonable searches and seizures,” as listed in the Fourth Amendment has been suspended in favor of enabling “evidence found in the US or abroad to be taken without a search warrant”
The Fifth Amendment explicitly states that NO PERSON, not no American citizen but no person, shall be compelled to be a witness against themselves. That would speak directly to allowing “the use of some evidence obtained by harsh interrogation methods” as violating a fundamental precept of American justice.
And I didn’t bother listing the Sixth amendment, which details explicitly how ALL criminal proceedings are to be handled, since even though this legislation redefines “enemy combatants” to include non-combatants as well as combatants, it also specifically allows trial by military tribunal, which is by definition not a criminal proceeding.
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.
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.
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.
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