Wednesday, July 07, 2010

Why Dictators Don't Like the Bill of Rights Part 2

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. This would prevent any dictator from having an official enter a person's house without a warrant if the dictator thought a person or business was a threat to the regime ie wanted to overthrow it. The official could just barge into the residence and have a look around.

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. A dictator would laugh at all of this. And if the gov't is totalitarian then the concept of private property does not exist. Your life, liberty, and property is at the whim of the dictator. 

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 defense. Again a dictator wold laugh at this. A speedy trial? An accused gets a trial as long as the regime wants it to be. You are lucky if the regime gives you a defense attorney. 

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. Civil cases are trivial to a dictator.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. No excessive fines? No cruel and unusual punishment? Where's the fun in that! And as for no excessive bail? What does bail mean? Actually, if the crime is a local matter and not related to the state a dictator probably wouldn't care either way.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Rights would be whatever the dictator says they are. 

States and People 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. Again any rights are whatever the dictator says they are.

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