| 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. |
*editors comments.
