What Rights are Being Threatened?http://www.plu.edu/~cvlright/current/rights.htmlFirst Amendment: Freedom of Speech and Freedom of Press
Ex: United States Attorney General John Ashcroft's attempt to close the courts to the public and the media in deportation hearings not only violates the accused trial rights, but it is a violation of our freedom of speech and press because the public isn't even allowed to participate in the event to formulate an opinion, let alone speak their mind on the issue. Also, press are prohibited from writing anything about the trials. Court reporters are forced to seal the court records as CONFIDENTAL and never speak of the happenings to anyone. (Court Splits).
Fourth Amendment: Protection of Unreasonable Search and Seizure
Ex: With the new ease of obtaining search warrants ( for more information, visit FISA), homes and personal property are becoming much easier for authorities to search. Authorities no longer even have to go through the court process of obtaining a warrant. The question of whether all these searches are legitimate is what is at the center of this debate. Additionally, the underlying privacy implications of the fourth amendment are being completely ignored. With the overwhelming increase of security, surveillance, and searches being performed, Americans are in theory being 'searched' multiple times daily. (Savage).
Fifth Amendment: Due Process
Ex: Many accused terrorist-related criminals are being detained for long periods of time before they are even charged with a crime. They are unaware of the evidence that is being used against them. Many are prohibited to speak with a lawyer. (Seeyle).
Sixth Amendment: Fair and Speedy Trial
Ex: Because detainees are being held for so long without even being charged of a crime, they are inevitably robbed of their right to a fair and speedy trial. Additionally, suspected terrorists or assistants to terrorists, rather than being tried in civil court, are denied their right to a fair trial with a fair appeal process and are being tried in military tribunals. (Seeyle).
Seventh Amendment: Trial by Jury
Ex: Deportation hearings of those suspected of terrorist related crimes are supposed to be closed to outside parties of any kind. This includes a jury. (Duffy).
Eighth Amendment: Cruel and Unusual Punishment
Ex: The question of whether or not the FBI is permitted to use torture as a method to obtain information from suspected terrorists is still in question. Additionally, although little is known about the conditions in which suspected terrorists who are being detained, there are many suspicions that the facilities and conditions in which they are being held are less than adequate and could be considered cruel. (Johnston).
Tenth Amendment: States' Rights
Ex: The paramount concern about states' rights is the large volume of federal legislation that is being passed in the name of 'national security'. There is concern of whether or not the federal government is overstepping it's boundaries and passing legislation that is really within the states jurisdiction. (Greenhouse).
Fourteenth Amendment: Equal Protections
Ex: The question at hand here is whether or not suspected terrorists deserve the same rights as 'innocent' civilians. Also, there is concern that suspected terrorists are arrested and detained due to the racial profiling of what a terrorist might look like. (Glaberson).