| |
|
CISPA |
FISA |
NDAA 1020-1022 |
HR347 |
Patriot Act |
|
| First Amendment – Establishment Clause, Free Exercise Clause;
freedom of speech, of the press, and of assembly; right to petition |
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. |
Attacks |
Chills speech |
Attacks |
Attacks |
Freedom
of association: To assist terror investigation, the
government may monitor religious and political institutions without
suspecting criminal activity. |
Freedom
of speech: The government may prosecute librarians
or keepers of any other records if they tell anyone the government subpoenaed
information related to a terror investigation. |
| Second Amendment – Militia (United States), Sovereign
state, Right to keep and bear arms. |
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. |
|
|
|
|
|
|
| Third Amendment – Protection from quartering of troops. |
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. |
|
|
Injures
(permanent battlefield) - attacks posse comitatus |
|
|
|
| Fourth Amendment – Protection from
unreasonable search and seizure. |
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. |
Attacks |
Attacks |
|
|
Freedom
from unreasonable searches: The government may
search and seize Americans' papers and effects without probable cause to
assist terror investigation. |
|
| Fifth Amendment – due process, double jeopardy, self-incrimination, eminent domain. |
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 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. |
|
|
Attacks |
|
Right
to legal representation: The government may monitor
conversations between attorneys and clients in federal prisons and deny
lawyers to Americans accused of crimes. |
|
| Sixth Amendment – Trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel |
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. |
|
|
Attacks |
|
Right
to a speedy and public trial: The government may
jail Americans indefinitely without a trial. |
Right
to liberty: Americans may be jailed without being
charged or being able to confront witnesses against them. US citizens
(labeled "unlawful combatants") have been held incommunicado and
refused attorneys. |
| Seventh Amendment – Civil trial by jury. |
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 – Prohibition of excessive bail and cruel and unusual punishment. |
|
|
|
Attacks |
|
|
|
| Ninth
Amendment – Protection of rights not specifically enumerated in the
Constitution. |
The
enumeration in the Constitution, of certain rights, shall not be construed to
deny or disparage others retained by the people. |
|
|
Attacks |
|
Attacks |
|
| Tenth
Amendment – Powers of States and people. |
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. |
|
|
|
|
|
|
| Proposed amendments not passed with Bill of Rights |
|
|
|
|
|
|
|
| Article
I – Apportionment. |
|
|
|
|
|
|
|
| After the enumeration required by the first article of the
Constitution, there shall be one representative for every thirty thousand,
until the number shall amount to one hundred, after which the proportion
shall be so regulated by Congress, that there shall be not less than one
hundred representatives, nor less than one representative for every forty
thousand persons, until the number of representatives shall amount to two
hundred; after which the proportion shall be so regulated by Congress, that
there shall be not less than two hundred representatives, nor more than one
representative for every fifty thousand persons. |
|
|
|
|
|
|
|