Summary
Since September 11, 2001 the fear of terrorism has eroded the rights and liberties that define American society. There have been egregious violations of Constitutional rights and international law related to the government response to the attacks of one year ago. The Executive branch of the Constitution has taken control of the whole situation regarding the war on terror by using the Executive Orders and not compromising with the other two branches resulting in seriously compromised constitutional guarantees of both citizens and non-citizens.
Example of Bill of rights
The previous example pertained to the first, fourth, fifth and sixth amendment rights of the citizens and non citizens, mentioned in the Bill of Rights.
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 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.
The Essay on Effects of the 8th Amendment on American Law
... initially intended to do which is protect The American citizen without breaking other amendments in the process. Criminal court procedures are at ... defendants sentenced to death in Georgia for killing a white person would not have received a death sentence had their ... the decision to seek a death sentence. University of Iowa law professor David Baldus conducted an exhaustive criminal sentencing study ...
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.
Rights – Enforced / Denied???
In this situation the previous rights have been denied. “From the USA Patriot Act’s overbroad definition of domestic terrorism, to the FBI’s new powers of search and surveillance, to the indefinite detention of both citizens and non-citizens without formal charges, the principles of free speech, due process, and equal protection under the law have been seriously undermined.” (from the article attached!)
