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FOUND: U.S. Constitution

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by Walter Brasch

Sarah Palin stood before an audience of 600 at the first Tea Party convention and in her twinkly home-spun rhetoric, declared we don't need a professor of law but a commander-in-chief. As expected, she received roaring applause. And, as expected, she was wrong.

After Dick Cheney and George W. Bush, aided by a compliant Congress and a nation largely afraid to stand up for their rights, abused the Constitution for almost eight years, what the United States needs is a leader who understands constitutional law and who is unafraid of making sure all Americans understand that the fabric that became America should not be torn apart for political convenience.

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Dick Cheney and George W. Bush established policies which violated:

- The First Amendment (freedom of religion, speech, press, and assembly, and the right to petition the government for a redress of grievances)

- The Fourth Amendment (freedom from unreasonable searches)

- The Fifth Amendment (right of due process and to protect against self-incrimination)

- The Sixth Amendment (due process, the right to counsel, a speedy trial, and the right to a fair and public trial by an impartial jury)

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- The Eighth Amendment (reasonable bail and freedom from cruel and unusual punishment), and

- The Fourteenth Amendment (equal protection guarantee for both citizens and non-citizens)

BushCheney Administration actions also violated provisions of Article I, Section 9 of the Constitutionwhich guarantees the right to petition the courts to issue a writ of habeas corpusto require the government to produce a prisoner or suspect in order to determine the legality of the detention. Only Congressmay order a suspension of habeas corpus, and then only in "Cases of Rebellion or Invasion." Congressdid not suspend this right; nothing during or subsequent to the 9/11attack indicated either a rebellion or invasion under terms of the Constitution.

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http://www.walterbrasch.com

Walter Brasch is an award-winning journalist and professor of journalism emeritus. His current books are Before the First Snow: Stories from the Revolution , America's Unpatriotic Acts: The Federal Government's Violation of (more...)
 

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