Following the theme, if not the content, of John McCumber's "outrageous proposal" post, I'd like to offer my own modest proposal: a constitutional amendment to revise the Bill of Rights. None of these proposals changes the law. All are, in light of various interpretational decisions over the last 10- 20 years already in place. But the decisions are scattered, hard to find, and it is high time for truth in advertising. Of course some will say that such an amendment is giving up, and indeed they are right. It is. I am hereby giving up on the idea that a class divided system of representative government can be limited by a constitution in such a way that the abuses of the powerful are systematically held in check. High time to lose the illusion and admit that we live in a police state. (Hyperbole? I think not. Here's a definition from wikipedia which I think is pretty standard. "The term police state describes a state in which the government exercises rigid and repressive controls over the social, economic and political life of the population. A police state typically exhibits elements of totalitarianism and social control and there is usually little or no distinction between the law and the exercise of political power by the executive.
The inhabitants of a police state experience restrictions on their mobility, and on their freedom to express or communicate political or other views, which are subject to police monitoring or enforcement. Political control may be exerted by means of a secret police force which operates outside the boundaries normally imposed by a constitutional state". If anyone would like to charge hyperbole, please tell me which element of this definition doesn't apply, or offer a better definition.
So, my "Just so we know where we stand" amended version of the Bill of Rights:
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, unless that speech is to a person or group designated by the president as fitting into some category he deems not to be covered by this amendment; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances, unless that association is with, a person or group designated by the president as bad.
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, unless the arms in question are of a sort that they might actually be sufficient to compete with the arms owned by the federal government. [7]
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.
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, except in cases in which the president or anyone in law enforcement declares that national security is involved in which case warrants are not needed and there are no limits on surveillance, search, or seizure.
No person shall be held to answer for any 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, or cases arising from any action that the executive branch declares to be one of war or public danger arising in any manner whatsoever; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb, unless the government declares that the second case involves a new jurisdiction; 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, unless such deprivation involves a case declared to have to do with either drugs or public safety; nor shall private property be taken for public use, without just compensation, unless the government really really wants it, for example so that a major campaign contributor can make a great deal of money. This entire amendment is void if the person in question is declared, by the executive, to be an enemy combattant, or a member of any other group that might be defined as an exception to this 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 where in 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 defense. This entire amendment is void if the person in question is declared, by the executive, to be an enemy combattant, or a member of any other group that might be defined as an exception to this amendment.
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. This entire amendment is void if the person in question is declared, by the executive, to be an enemy combattant, or a member of any other group that might be defined as an exception to this amendment.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Unless that punishment is officially redefined by the executive and labeled in such a way that it doesn’t sound cruel or unusual.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people, though any possible rights will be subject to removal by the president upon the invocation of the word “terror”.
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, except that all powers are reserved to the United States if it really wants them.
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