Violations of the Constitution

It seems that every week, the government takes a course of action that is unconstitutional, and people are always there to justify it. Just to show how that document practically doesn't exist anymore, I'm going to go through and show how the Bill of Rights has been completely ignored on so many levels. Presidents swear an oath to protect and defend the Constitution, but they lie.

[color=limegreen]1st Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Freedom of speech zones- At the Democratic National Convention in 2004, freedom of speech zones were set up. Apparently the entire country is not a free speech zone, but there are little areas where we can congregate and speak freely. Here's an image of the 2004 DNC free speech zone:

Peaceful assembly abuse- At the "Occupy Wall Street" protests, the peaceful assembly that citizens are granted hasn't been very peaceful. This isn't because members of the protest are turning violent, but actually police officers have been assaulting and violently arresting the peaceful protestors.

Police officer peppersprays protestors: In this one, the protestors are first caged in by the orange wall that the cops set up, then Deputy Inspector Anthony Bologna comes outta nowhere and peppersprays them.

Violent arrests:

[color=limegreen]2nd Amendment

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

[snipped drugs discussion]

[color=limegreen]4th 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.

DUI checkpoints- While I in no way endorse drunk driving as thousands are killed annually from it, DUI checkpoints are a direct violation of the 4th amendment. Random search and seizures based solely on where one is driving is unconstitutional.

Here's a video of people warning drivers of DUI checkpoints

TSA patdowns- The TSA's controversial patdowns are another violation of the 4th amendment, but there's a simple solution to this one: Don't fly. However that's not an option for many, so thousands of Americans unwillingly get groped by people in the name of security. Benjamin Franklin once said "He who sacrifices freedom for security deserves neither.", and that's as true now as it was back then.

[atsimg]http://files.abovetopsecret.com/images/member/0da805e0b474.jpg[/atsimg]

And now it seems that the NFL is following in TSA's footsteps with their enhanced patdowns:

The league asked its 32 teams to instruct stadium security to search fans from the ankles up for banned items such as alcohol and weapons. Previously, the search was from the waist up.

But at least they're not touching their breasts/genitals.

Kentucky v. King- Police officers can now search a citizens home without a warrant if they smell something suspicious. There are countless examples of unconstitutional cannabis raids.

[color=limegreen]5th 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.

Assassinations- This one just became public, but it's a big one. Terrorist and American citizen Anwar al-Awlaki was recently killed in a drone strike. This blatantly violates the 5th amendment beacuse he was not given a trial, but he was "deprived of life...without due process of law". The president can now order the assassination of an American citizen who he thinks is bad.

Congressman Ron Paul is one of the few politicians who understands let alone respects the Constitution, and he immediately reckognized this as unconstitutional.

[color=limegreen]8th Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Guantanamo Bay Detention Camp- While this detention camp is not located in America, it is operated by the American government.

The facility was established in 2002 by the Bush Administration to hold detainees from the war in Afghanistan and later Iraq. It is operated by the Joint Task Force Guantanamo of the United States government

Cruel and usual punishments are most definitely used at G-bay. These euphemized "enhanced interrogation techniques" are torture. These techniques include waterboarding, hypothermia, stress positions, abdomen strikes, slapping, and shaking.

[color=limegreen]10th Amendment

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.

Federal raids- The federal government constantly raids cannabis dispensaries in states where the state laws allow it's distribution. Federal law doesn't trump state law, but the federal government constantly ignores the 10th amendment and continues to raid dispensaries.

As an example, here's one that occured less than 24 hours ago: DEA raid

Please add any/all violations of the Constitution to this thread

Thank you for the Excellent post! I hope members will flag and star this thread.

This has been an on-going process of the erosion of our liberties and rights. I knew after the Waco incident that there was no longer any question of the Federal government having an agenda to do just that, my question was how long would it take before they were finally all eviscerated.
I think it safe to say that the murder of Anwar Al Alawki was not only a violation of the 5th amendment but also the 6th, 7th and 8th making a full sweep of violation of every Amendment in the Bill of Rights.

Perhaps it's time we formally request a renaming it to the Former Bill of Rights.

Why not force Congress to publicly admit to the Nation and the world that it is no longer the law of land but yet another piece of archaic protections that holds no power in the modern world.

I'd bet Ron Paul would do it.

reply to post by Asktheanimals

I think it safe to say that the murder of Anwar Al Alawki was not only a violation of the 5th amendment but also the 6th, 7th and 8th making a full sweep of violation of every Amendment in the Bill of Rights.

Yeah I considered adding his assassination as a 6th and 7th amendment violation, but I wasn't sure if the 6th and 7th only apply to those who are in the process of being criminally prosecuted.

But he sure as hell wasn't given a speedy trial by jury (although the death from an explosion was probably pretty speedy), and I'd say being killed by a missile is a cruel and extremely unusual punishment.

Excellent post. I've been ranting about this for years.maybe we should call it the bill of suggestions as we no longer have rights. We should not forget the patriot act. Nothing patriotic about it.

Thank [random deity] that I enjoy football on TV more than the live games.

First they came for the Packers, and I did not speak out because I was not a Packers fan...

Originally posted by TupacShakur

Please add any/all violations of the Constitution to this thread

Here's a thread discussing some of the most egregious violations of the constitution in the history of the republic.


Funny thing is; the ink wasn't even dry on the bill of rights before they started wiping their bottoms with the Constitution.


If the founding fathers didn't have any respect for the document, how can we expect today's brand of politicians to give it more than lip service either?

Thanks for taking the time to research all this out and present it in such a great way!

Originally posted by lonegurkha
Excellent post. I've been ranting about this for years.maybe we should call it the bill of suggestions as we no longer have rights. We should not forget the patriot act. Nothing patriotic about it.

edit on 10/1/2011 by lonegurkha because: (no reason given)

A Bill of Suggestions is actually a very interesting idea. And I think we should REPEAL the un-Patriot-ic ACT.

reply to post by TupacShakur

(Section. 10) No State shall ... make any Thing but gold and silver Coin a Tender in Payment of Debts

Although all or nearly all fifty US states carry a debt load, not a single one of them uses gold and silver coin as payment for their debts.

One of the biggest flaws in the constitution is that it does not really seem to provide a system of accountability. If the states violate the law... then what? The US supreme court has ruled that government organisations have no obligation to provide any level of service at all to any person in the US. Sick... the USA is done for with a system like that

reply to post by lonegurkha


Ah the Patriot Act, how did I forget that one? Probably the biggest violation of privacy in American history, a huuuuuuge 4th amendment violation.

reply to post by TupacShakur


I agree with everything except your example for the 8th.
Our rights do not extend to enemy combatants. The use of Guantanamo does not violate this because as far as I or anyone else knows, there are no US citizens being held there.

And before anyone jumps my butt with retorts of black ops complexes holding US Citizens, that is not the example.


I pray that Ron Paul makes it to the Oval Office next year.

Good thread, I agree with your points.

What do we do about it? Who of us can "address our grievances" against the government? It seems we are stuck against the wall, so to speak.

Would you say there can be a peaceful solution, or will this mess end up with another revolution?

What's the solution?

reply to post by Druid42


If I may, I direct you to the section where the government is violating our right to peaceful assembly. I'm not holding my breath for a "peaceful" solution.

Great post... you hit the nail on the head. Two things though... G Bay is technically in America because it is on a military installation which is considered legal and sovereign US soil, but the prisoners there are NOT American citizens and therefore have no protection under the constitution, so false imprisonment and cruel and unusual punishment doesn't apply to them, at least constitutionally. Second is that federal law does indeed trump state law, which is clearly stated in the Supremacy Clause (Art VI, Sec 2) however the original intent of the supremacy clause was for state constitutions to adhere to the US Constitution. For example, the US Constitution affords the right to keep and bear arms, so a state couldn't come along and say that the citizens of that state could not keep and bear arms, because the federal law takes precedence in this situation. Over time, Progressives have taken the Supremacy Clause and interpreted it to mean that any and all federal law takes precedence over state law. If that were indeed true then what is the point of having the 9th and especially the 10th amendments? A state law does trump a federal law if the subject of the law is not in the US Constitution. For example drugs... it is unconstitutional for the federal government to outlaw coc aine. That is left for the states to decide. That is a pretty extreme example, but a fair one. If the law isn't specifically mentioned in the constitution like in Art 1, Sec 8 or the amendments, then it is up to the states to decide.

reply to post by lonegurkha


I always liked the Bill of Privileges That Can Be Revoked at Convenience of the Government, but that's too long and hard to use for dramatic effect.

This has been going on for decades. Just ask the citizens of the U.S.A. who happened to be of Japanese extraction what happened to them during World War two. Internment camps?

How much longer until the UN starts airstrikes over Wall Street to "free" us from our oppressors? Oh wait, they only do that in the middle east.

reply to post by BIGPoJo


How would they do that? The UN has no planes. If that did happen it would be US Military planes doing it, and I don't see that happening.

Although I agree with the sentiment of your post, I think it's actually far worse than you are presenting. In particular the first, second, and fourth amendments are virtually dead. You do a fantastic job of pointing out the giant, egregious violations but, in my personal opinion, the small, everyday, widely-accepted violations are far scarier.

The violations actually begin long before we ever reach the amendments themselves. They can't even make it past the preamble which simply promises that our individual, unalienable rights (life, liberty, pursuit of happiness) won't be violated by the government. Some people pursue happiness by taking drugs, some by selling drugs to willing buyers, some by being prostitutes and others by being johns, many by marrying opposite sex partners others by wanting to marry same sex partners... The government has a bad habit of telling us HOW we are (and aren't allowed) to make our own personal choices in life and HOW we may pursue our own individual definitions of "happiness".

Then we get the the amendments. Freedom of speech is not only violated via "free speech zones". The FCC constantly censors what is said on TV, hate crime laws make continual value judgements about how some speech is more criminal than other speech, proposed "anti-bullying" legislation tells you what you can and can't say... People who express their own personal opinions are continually subjected to punishments, forced "sensitivity training", etc. The double standards perpetually insisted upon by political correctness are disgusting displays of how our constitution doesn't evenly apply to everyone anymore.

The second amendment violations are never ending. It's not only laws that stop certain people from buying guns, but virtually any law that disrupts the process to freely buy guns and ammo. Read that amendment again... The phrase is very clear "SHALL NOT BE INFRINGED". What part of background checks, restrictions, waiting lists, registrations, permits, etc. etc. etc... do you consider to be anything OTHER THAN an INFRINGEMENT???????