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News (Media Awareness Project) - US NV: OPED: Do I Hear A Knock On My Door?
Title:US NV: OPED: Do I Hear A Knock On My Door?
Published On:2005-06-28
Source:Las Vegas Review-Journal (NV)
Fetched On:2008-01-16 01:41:46
DO I HEAR A KNOCK AT THE DOOR?

"The deterioration of every government begins with the decay of the
principles on which it was founded." -- Baron De Montesquieu

Normally this space is devoted to the rights delineated in the First
Amendment -- especially those of speech and press -- but recent events
warrant a pulse check of the entire Bill of Rights on this
Independence Day eve.

Of course, the First has been under constant assault since inception,
with the latest affront coming from judges abridging freedom of the
press by threatening to lock up reporters for refusing to reveal their
confidential sources.

Then there was that strange split ruling from the U.S. Supreme Court
on posting the Ten Commandments in public buildings, leaving the free
exercise of religion and establishment clause a muddle.

Not to mention the U.S. House vote recently to limit free speech by
amending the Constitution to allow Congress to make flag desecration a
crime.

One of the most egregious rulings was the nullification of the Fifth
Amendment's provision barring taking of public property except for
public use and with just compensation. That came with the 5-4 high
court decision to allow New London, Conn., to take the homes of
people, some in the family for a century, and give the land to a
corporation just because the city thought it might gin up more tax
revenue.

The Ninth's and 10th's guarantees that rights not specifically
"delegated to the United States by the Constitution" would be reserved
to the states or the people were jettisoned by the judiciary when it
said a federal law could override the will of the people in nine
states, including Nevada, who had decided it should be legal for
doctors to prescribe marijuana to patients.

The Second's prohibition against infringement of the right "to keep
and bear arms," was rubbed out long ago by various local and federal
laws banning this or that type of weapon and laws requiring a
government-issued license to carry a concealed weapon.

The Fourth's guarantee "against unreasonable searches and seizures ...
but upon probable cause, supported by oath or affirmation" was
nullified well before the Patriot Act came along. Various court
rulings permit random vehicle stops to ferret out drug runners and
drunken drivers. Don't forget the tipsy Nevada cowboy case that allows
cops to arrest someone standing on the side of the road for the
heinous crime of refusing to identify himself.

The right to a speedy and public trial spelled out in the Sixth?
Forget it. Speed in our court system is measured in eons instead of
weeks or even years. Is it really a public trial if the names of the
jurors can be kept secret, as has been the case in a number of trials
in recent years? How does one know it is an impartial jury?

Of course, the Seventh Amendment guarantee of a trial by jury in any
case where the matter in controversy exceeds $20 was tossed years ago
as being a quaint concept obviated by time constraints and inflation.
While the 14th Amendment applied the rest of the Bill of Rights to the
states, this one was brushed aside.

Tell that guy who recently got 55 years in prison for a first-time
marijuana conviction about the Eighth Amendment, which says,
"Excessive bail shall not be required, nor excessive fines imposed,
nor cruel and unusual punishments inflicted."

Just as an aside, while we are exploring flouted amendments, let's not
overlook the 27th, which took effect in 1992, barring Congress from
giving itself a raise until after a general election. This past week
the House voted to allow a cost-of-living adjustment to raise their
annual salaries to $165,200. It's not a raise, just an adjustment.

Let's see, what does that leave us with? Oh yes, the Third. That one
says, "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."

At least that one survives. Was that a knock at the door, Baron?
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