The Amendments most commonly abused* in the US are the 4th, 5th, 6th, and 7th Amendments.
*Actually they’re drug into dark alleys by judges in the name of “order and safety” then mugged, beaten to within an inch of their lives, raped, and left for dead. Abused just doesn’t quite cover it.
Oh.. For The Record: Our Constitution and it’s Amendments were written in the plain English of the day so that ordinary citizens could read and make sense of them without any need for “experts” so yes. I do think I have a better grasp of what it actually says than SCOTUS ever has because I don’t stand to profit from imprisoning people and I’m not beholden to anyone who does. Doubt me?
Follow the Money: The School-to-(Privatized)-Prison Pipeline – NEA Today
Also.. Dred Scott. Seriously Bitches??
Also the utter fucking fascist idiocy that citizens must have been damaged and be able to prove that damage (Standing) before we can “legitimately” challenge unconstitutionally formed laws by OUR representatives. Standing has a place in civil matters. It has no legitimate place when an individual citizen wishes to challenge a law as being in violation of the Constitutional limits placed upon Our government.
Here’s the 4th:
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.
There are enough “legalized” loopholes carved out of this one that you could literally drive an aircraft carrier through it without even touching the sides.
Here what it actually says:
The people (not citizens, but people. Aka: anyone on US soil) have an absolute right to be secure in their persons, houses, papers, and effects (property like briefcases, backpacks, phones, computers, or anything else they might own or carry) from “unreasonable” searches and seizures and that this right shall not be violated (no exceptions, no excuses, no wiggle room) then it goes on to define a “reasonable” search or seizure as being one which is supported by a Warrant which warrant SHALL BE based upon Probable Cause (not “exigencies” or sniffing weed or looking suspicious nor even possessing a gun while black) and which shall be supported by Oath or Affirmation. Said warrant SHALL also specifically name what it who is being searched for and the specific place to be searched. It also says that no (that’s 0.00 for folks unclear about math) Warrants shall be issued without all of those elements in place.
If any one of these elements is missing then the warrant is invalid on its face and thus the search is as well (at least according to what the Amendment actually SAYS).
Don’t y’all even think about starting with me with the “but criminals” bullshit here because we all know that anyone on parole or probation has legally given up that Right (for the duration of the parole) in exchange for the privilege of being released from jail or prison early. This is completely aside from the fact that well over 50% of our “felons” are guilty of 100% made the fuck up bullshit “crimes” via the false flag, utterly fascist and completely racist War On Drugs (which is just as purely illegal under the Constitution as banning alcohol was prior to the 18th Amendment) ‘War On Drugs’ Was A Racist Fraud All Along, Ex- Nixon Advisor Admits
“Interstate Commerce” evasion? Fuck You! If that were HONESTLY applied instead of being done the way fascism does it it would not ever apply to drugs created and sold within the same state. Yet that’s the exact opposite of what was and is actually done.
Next up is the Fifth Amendment which covers a fair bit of ground about arrest powers and thieving, murdering, thugs with badges.
No person shall be held to answer (that means arrested by the way.. Which harks back to the systematic gutting and evasion of the 4th Amendment by SC(R)OTUS) for a 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; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; 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; (THIS bit means that cops absolutely do NOT EVER get to kill, or even harm, you or your property without a TRIAL AND CONVICTION) nor shall private property be taken for public use, without just compensation.
Oh and just completely FUCK both D.A.P.L. and Keystone sideways too along with every D & R Congresscritter who said nothing about these blatant violations! Kris Rosvold’s answer to What is the most bizarre lawsuit you know that ever happened in the US?)
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.
What’s interesting with this one is that first limitation..
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial,..”
Then we look at the fascist evasion of “well, that’s only if they demand a trial” against the systematic and fraudulent denial if Rights to poor folks via the use of forced “plea bargaining” by stacking the deck so heavily against the defendant that the tiniest mis step during a trial could land you in prison for decades. They literally leave you ZERO actual choice because the only game available (unless you’re wealthy of course) is “If you ‘deal’ with us we’ll ‘only’ charge you with a 6 month penalty, but if you dare to not comply We WILL charge you with at least a decade worth of crimes (even if we have to lie our asses off).” These sorts of “deals” are exactly like asking someone if they’d rather be pinched or have their arms and legs broken and it’s all done effectively at gun point. No matter how minor the crime, if you fight them at all and you’re poor they WILL make an example of you. There is no sane way to claim that this sort if Mafia style “deal” satisfies the repeated demands for Due Process Of Law throughout our Constitution.
What the Fifth and Sixth actually say is that trials are NOT “optional” and that trial by jury must be part and parcel of any legitimate justice system, in each and every case.
As Jefferson said “It is better that one hundred guilty men go free than one innocent man be condemned.”
That goal of preserving the innocent from the predations of a fascist society is the motivation behind the writing, passage, and Ratification of these Amendments.. And we have failed utterly.
Innocence Is Irrelevant
Due Process is Dead: A Staggering 95% of All Inmates in America Have Never Received a Trial
Will this “break” our justice system? Probably. Considering that it is utterly corrupt and fraudulent, as are the drug laws under which more than 50% of all inmates are “convicted*” under, I think that might not be a bad thing.
*”convicted” in over 95% of US cases actually means “Strong armed into admitting “guilt” whether or not you actually committed any crime.”
I’ll refer you back to the words of Mr. Jefferson on this fact and if you tell me that’s impractical I’ll damned well ask you how “practical” it is to imprison even ONE factually innocent person because y’all are too damned lazy and greedy to do the job we pay you for. More to the point I’ll ask you how practical it would be for a DA who forced a plea from an innocent person with these Mafia style tactics to serve their time by way of retribution.
Note: I’m still in the process of writing this so there’s more to come..
I think this question and the issues it raises are important enough that I decided to go ahead and post what I have thus far and then update it as it progresses over the next few days.