How Dead are the Bill of Rights?


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 0%, but 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 nondisparagement 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.


Surprised By These Facts ?


Peoples Rights Return                                           Top of Page Return
Peoples Rights Return                               Top Return