A freeman shall not be amerced for a slight offense, except in accordance with the degree of the offense; and for a grave offense he shall be amerced in accordance with the gravity of the offense, yet saving always his "contentment"; and a merchant in the same way, saving his "merchandise"; and a villein shall be amerced in the same way, saving his "wainage" if they have fallen into our mercy: and none of the aforesaid amercements shall be imposed except by the oath of honest men of the neighborhood.
This was written in 1215, but now, without charges at all, an American can be held by military detention, taken even from his own home, invalidating 800 years of established law.
38. No bailiff for the future shall, upon his own unsupported complaint, put anyone to his "law", without credible witnesses brought for this purposes.
39. No freemen shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land.
40. To no one will we sell, to no one will we refuse or delay, right or justice.
In the name of defending our freedom from terrorists, the US government has shredded the foundation of every freedom we have : the right to have freedom from arbitrary imprisonment.
- Conditions for quarters of soldiers
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
By the Military being deputized to arrest in the US, we are now forced to have military presence in our previously private spaces.
- Right of search and seizure regulated
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.
Now that the military can arrest without even any charges, warrants are now pretty much MEANINGLESS.
- Provisions concerning prosecution
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.
Torture has been put on the table as permitted by the NDAA. The only reason to do torture is to force an accused person to be a witness against himself. Civilians no longer enjoy the freedom from abuse.
- Right to a speedy trial, witnesses, etc.
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.
Indefinite detention without trial, charges, access to attorney... completely contrary to this one.
- Right to a trial by jury
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 reexamined in any court of the United States, than according to the rules of the common law.
- Excessive bail, cruel punishment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
- Rule of construction of Constitution
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
- Rights of the States under Constitution
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.
Long story short, not even ONE of these apply anymore if NDAA is permitted to stand. We are now a tyranny. We lost the war on terror.
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