Given all that has been in the news this year alone concerning police such as the current situation in Missouri, Bundy, a few SCOTUS opinions on the 4th Amendment, drone strikes, etc, I was wondering what people think the 4th, 5th, and 14th Amendments both mean now a days and thoughts on the changes over the pas 50 years. For me I believe that the protections from these amendments are in a state of uncertainty we have not seen before. Originally we had Miranda, which required the reading of one's rights before interrogation could take place, with the court saying that the reading of such rights is Constitutionally required via the 5th Amendment. Over the years Miranda has been eroded by narrowing the definition of interrogation, carving out exceptions to the rule, created a "lapse time" for exercising Miranda rights, and allowing unmirandized confessions for impeachment in court, etc. Move on to the 4th amendment. While the amendment does not require a warrant, more and more exceptions for needing a warrant are carved out (search incident to arrest, binary searches, public safety, diminished privacy concerning automobiles, etc). In addition statutes such as FISA (Foreign Intelligence Surveillance Act signed into law by Carter), which creates extra-judicial courts with unpublished opinions the public cannot read, and The Patriot Act (signed into law by Bush, extended by Obama) which as we all say lead to such things as the NSA (hey guys!) and the PRISM program. Leading to spying on American citizens without warrants, and if there were warrants they were not to be disclosed to the public. In addition the drone strikes on American Citizens without due process as required by the 5th amendment. I guess I am wondering how comfortable people are with these things, and why these things do not have the spotlight like social and financial issues do. After all, "Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety" -Ben Franklin.
In reality, the Constitution is no longer in effect. The government of the people has been subverted and replaced by a fascist regime in which corporations and government are the rulers and the people are but peasants and serfs. On occasion, the government will abide by the Constitution for media publication to propagandize the public, by in every practical sense, the Constitution is null and void and no longer abided to by the government. If it were you would be able to possess and bear arms, the police would not be able to violate your rights, the court system would not fly a military flag, the government would not be able to pursue war for profit, the Federal Reserve could not exist, the income tax could not exist, laws concerning drugs, prostitution, marriage, and most other aspects of your personal life could not exist. The fact that all these things do exist, is proof that the Constitution is no longer in effect.
