The Constitution No Longer Applies – Part 3

Recapping – Bill of Rights, Article 4

In part 2, Michael Ventura detailed why the Fourth Amendment doesn’t apply.fifthAmendment

Fourth Amendment: “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.”

Here is a summary of his points.

  • Technology knows no checks and balances – specifically drones and other off-the-shelf surveillance technologies
  • The Fourth Amendment never applies to Muslims or people that associate with them, particularly in New York City.
  • The FBI can search any electronic media at will and without cause. How do you think David Patreus’ infidelity was discovered?
  • We know that the NSA has a 1 million square foot “intercept” (i.e. email, calls, text messages) data storage facility in Utah but telling the US Senate how many US citizens have had their data stored there is a violation of privacy. Huh?
  • The Supreme Court has upheld the FBI and NSA’s right to this level of without a warrant surveillance.
  • In April, U.S. District Judge Susan Illston ruled that “the FBI’s practice of so-called national security letters to banks, phone companies and other businesses is unconstitutional, saying the secretive demands for customer data violate the First Amendment”. Note that this is the BANK’s rights, not the rights of the party under surveillance.

Is there good news? Well, the supreme court has ruled that police need a warrant to extract blood from your veins.

Part 3 - the Fifth Amendment

Fifth Amendment: “No person shall be held to answer 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 offense 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; nor shall private property be taken for public use, without just compensation.”

Read the sad details here:

Note that this Amendment specifically says “No PERSON”. Most Americans are fine with the fact this does not apply to foreigners accused of terrorism or “enemy combatants”.  And, oh yes, it does get worse!

 Next Monday

Part 4 will discuss why Ventura believes the United States has gone rogue.

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