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Fire Walk With Me

(38,893 posts)
Tue Aug 20, 2013, 02:07 PM Aug 2013

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

"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.)

5 replies = new reply since forum marked as read
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NDAA Section 1021 destroys the 1st, 4th, 5th, 6th, and 14th Amendments of the US Constitution (Original Post) Fire Walk With Me Aug 2013 OP
Yes? And Your Point Is? Well, what are we to do about it? Demeter Aug 2013 #1
Don't bring that crap here; it's not welcome. Do exactly what I'm doing, what Obama said to do: Fire Walk With Me Aug 2013 #2
Thanks for posting. It's definitely part of the big picture snappyturtle Aug 2013 #3
Constitution? Bill of Rights? bluedeathray Aug 2013 #4
how does this square with the oath to protect and defend the constitution? xiamiam Aug 2013 #5
 

Demeter

(85,373 posts)
1. Yes? And Your Point Is? Well, what are we to do about it?
Tue Aug 20, 2013, 02:12 PM
Aug 2013

Support the GOP's articles of Impeachment, I expect. After all, it was the GOP that brought Nixon down...and I don't think Biden is a big enough fool to issue a blanket pardon.

 

Fire Walk With Me

(38,893 posts)
2. Don't bring that crap here; it's not welcome. Do exactly what I'm doing, what Obama said to do:
Tue Aug 20, 2013, 02:18 PM
Aug 2013

hold their feet to the fire and demand the rule of law and transparency they promised.

If they won't, out with them indeed.

Note that I take the destruction of the Constitution, by ANY person or party, to be utterly and completely unacceptable and worthy of lengthy jail sentence. As should be done to any traitor of this depth to the founding principles of this country. Such destruction of our core principles is beyond apology, beyond belief, beyond acceptance.

snappyturtle

(14,656 posts)
3. Thanks for posting. It's definitely part of the big picture
Tue Aug 20, 2013, 02:52 PM
Aug 2013

which is becoming unmistakably and sickeningly apparent. When
coupled with the collection of metadata, the Patriot Act, the
TSA, etc. one can see how citizens are regarded by TPTB. imho

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