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Fire Walk With Me

(38,893 posts)
Tue Aug 20, 2013, 01:07 PM Aug 2013

NDAA Section 1021 destroys the 1st, 4th, 5th, 6th, and 14th Amendments of the US Constitution [View all]

"The Fourth Amendment (Amendment IV) is an amendment to the United States Constitution and part of the Bill of Rights. It prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause. It was adopted in response to the abuse of the writ of assistance, a type of general search warrant issued by the British Government and a major source of tension in pre-Revolutionary America.

Under the Fourth Amendment, search and seizure (including arrest) should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer who has sworn by it."

http://en.wikipedia.org/wiki/Fourth_Amendment_to_the_United_States_Constitution

-Eliminating "general" warrants
-Requires warrants
-Judicial sanctioning
-Protection from unlimited scope for arrest
-Prohibits unreasonable searches and seizure of person and personal property
-Via specific information
-Usually by an officer sworn by it.

BUT

DHS Watchdog: ‘Intuition and Hunch’ Are Enough to Search Your Gadgets at Border
http://www.wired.com/threatlevel/2013/06/border-gadget-searches/

DHS can search and seize your personal electronics on a hunch anywhere along the US border and up to 100 miles inland.

AND

NDAA Case: Indefinite Detention Injunction Does Irreparable Harm, Obama Admin. Lawyers Argue

http://www.huffingtonpost.com/2012/09/14/ndaa-case-indefinite-dentention_n_1885204.html

"The judged ruled that such a circumstance violated the First Amendment right to free speech, as well as the Fifth Amendment right to due process that holds that a person must be able to understand what actions would break the law."

Obama has twice signed and once defended in court the NDAA section 1021 which provides for the indefinite detention of US citizens (and anyone in the world) with neither trial nor representation.

There goes the Fourth Amendment. Period.

Now note 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 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 defence."

http://en.wikipedia.org/wiki/Sixth_Amendment_to_the_United_States_Constitution

Through NDAA's section 1021 we also lose
-The right to a speedy and public trial
-An impartial jury
-Compulsory process for obtaining witnesses in our favor
-The assistance of counsel for our defence.

There goes the Sixth Amendment. Period.

The Fourteenth Amendment?

"Procedural due process is the guarantee of a fair legal process when the government seeks to burden[jargon] a person's protected interests in life, liberty, or property, and substantive due process is the guarantee that the fundamental rights of citizens will not be encroached on by government."

http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitution#Due_Process_Clause

That part is gone as well.

(For once, cross-posted from GD.)

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