HOW DEAD ARE THE BILL OF RIGHTS?

WHAT YOU READ MIGHT SHOCK YOU!!!!

1st Amendment:
no establishment of religion
20% dead
Lemon v. Kurtman Test is appropriate though religious
fanatics on local level increasingly ignoring the law.


1st Amendment
free exercise of religion
80% dead
Employment Division v. Smith allows government to
regulate religion to enforce a compelling state
interest.

1st Amendment
free speech
70% dead
5 major areas of exceptions now exist; as well as
time, place and manner rules; and special context
rules.

1st Amendment
free press
10% dead
Courts often use gag orders to prevent news coverage
of trials.

1st Amendment
right to assemble/petition
70% dead
HUD Housing efforts

2nd Amendment
right to bear arms
90% dead
Crime Bill of 1994 banned 19 types of semi-automatic
rifles.

3rd Amendment
no quartering of soldiers
0% dead

4th Amendment
no searches without warrants
100% dead
Limited by definition of reasonable expectation of
privacy; 11 exceptions to warrant requirement; and
United States v. Leon good faith rule. *In 1995,
Congress completely obliterated this Amendment. It no
longer has any force and effect.

5th Amendment
Grand jury indictment required
0% dead
Grand juries are now usually stacked with
pro-prosecution regulars who do not know how to
exercise their rolls as grand jurists.

5th Amendment
No double jeopardy
80% dead
The Wheeler and Heath cases allow prosecution by the
Feds and multiple states while the Blockburger line of
cases allows multiple prosecutions resulting from the
same conduct.

5th Amendment
privilege against self-incrimination
40% dead
The Schmerber and Muniz cases have reduced this
protection to only the extremely limited category of
testimonial evidence.

5th Amendment
Due process 100% dead
Expanded way beyond original intent to create
bureaucratic nightmare. * Made more evident when in
1996, the Supreme Court allowed all regions of
government to seize property without any due process
and allowed the ignorance of the 'can not take private
property without compensation' clause.

6th Amendment
speedy trial
90% dead
Under Barker v. Wingo Test defendants have been made
to wait as long as seven years before trial takes
place.

6th Amendment
Right to jury (criminal case)
30% dead
Batson line of cases places rights of jurors over the
fair trial rights of defendants.

6th Amendment
confrontation by witnesses
100% dead
Maryland v. Craig allows witnesses to testify from
other rooms or even on videotape without any chance to

cross examine.

6th Amendment Right to counsel
10% dead
Applies only in cases where actual incarceration is
imposed.

7th Amendment
Right to jury (civil case)
0% dead

8th Amendment
No cruel or unusual punishment
100% dead
Expanded by liberals well beyond its intended meaning,
which has resulted in codling criminals.

8th Amendment
No excessive bail or fines 100% dead
Both excessive fines and bail are regularly used now.

9th Amendment
Non-disparagement clause
100% dead
Expanded by liberals well beyond its intended meaning.


10th Amendment
Reserved powers clause
100% dead
Garcia v. San Antonio Metro Transit Authority killed
the 10th Amendment, and all hopes for control over
congressional power.

SOURCE-- SOUTHERN SONS OF LIBERTY