Thursday, October 27, 2016

Donald Trump v. Bill of Rights: a Megalist of his Unconstitutional Positions

All of the unconstitutional opinions Trump has spouted:

First Amendment: Freedoms, petitions and Assembly
Amendment PronouncementTrump’s Unconstitutional Opinion
Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof;Trump Promises for Nation ‘Under One God” if he’s President
""Trump calls for Blanket Ban on Muslims entering the US, Pence agrees
""Trump says there’s “absolutely no choice” but to close mosques
or abridging the freedom of speech, or of the press;Trump suggests ‘Freedom of Expression” hurts fight against terrorism
""Trump vows to ‘open up’ libel laws to make suing the press easier
""Trump sends many threats to press with bad coverage of him
or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.Trump on rally protester: “Maybe he should have been roughed up"
""Trump says renewed call for’ law and order’ can deal with situations such as Charlotte protests, says they ‘must end now’
""Trump’s plan to ban lobbyists would stop them from exercising right to petition the gov’t for a redress of grievances

Second Amendment: Right to Bear Arms
Amendment PronouncementTrump’s Unconstitutional Opinion
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 infringedTrump says inner-city stop-and-frisk programs would allow officers to take guns away from “people who they think may have a gun”



Third Amendment: Quartering of Soldiers
Donald Trump has not yet said anything that suggests he would break the third amendment.

Fourth Amendment: Search and Arrest Rights
Amendment PronouncementTrump’s Unconstitutional Opinion
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.Trump wants to reinstate unconstitutional stop-and-frisk programs, which constitute as unreasonable search and seizures


Fifth Amendment: Rights in Criminal Cases
Amendment PronouncementTrump’s Unconstitutional Opinion
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand JuryTrump says he will unilaterally impose a mandatory death sentence for anyone who kills a police officer
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;Trump takes exception to the limit and beyond, saying we need to “take out the families’ of terrorists
nor shall any person be subject for the same offence 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 lawIn 1989 Trump called for the death penalty on Central Park Five even with conclusive DNA evidence showing they’re innocent. In 2016, doubles down on Central Park Five and still says they’re guilty.
nor shall private property be taken for public use, without just compensation.Trump has a long history of eminent domain abuse for personal gain

Sixth Amendment: Right to a Fair Trial
Amendment PronouncementTrump’s Unconstitutional Opinion
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;Trump would send US citizens accused of terrorism to Guantanamo for Military Tribunal trial, take away right of jury
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 defence.Trump is upset that terrorism suspect will be “represented by an outstanding lawyer”, and will have a case that will “go through the various court system for years”, two basic 5th amendment rights


Seventh Amendment: Rights in Civil Cases
Trump has not yet said anything against the seventh amendment, which would be expected from someone who deals with civil lawsuits so frequently.

Eighth Amendment Rights related to Bail, Fines and Punishment
Amendment PronouncementTrump’s Unconstitutional Opinion
Excessive bail shall not be required, nor excessive fines imposed, [nor cruel and unusual punishments inflicted.Trump calls for even worse torture methods, says “we must do the Unthinkable” when it comes to prisoner interrogation
""Trump on waterboarding: it works, but even “if it doesn’t work, they deserve it anyway”


Ninth Amendment: Unenumerated Rights
Amendment PronouncementTrump's Unconstitutional Opinion
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the peopleTrump has shown a history of making promises of executive overreach, including a specific tax on Ford if they didn’t move plants back to US, and forcing Apple to make products in the US, both out of executive power's reach.
""Trump Calls Obama’s use of executive orders “irresponsible,” but he sees that as “[leading] the way” and he won’t refuse to use them at will, just for “the right things”.
Sidenote:Furthermore- Trump lacks basic knowledge of the Constitution (saying he wants to protect a non-existent ‘Article XII’), how can he understand the concept of unenumerated rights?



Tenth Amendment: State’s Rights
Amendment PronouncementTrump's Unconstitutional Opinion
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 peopleTrump says he’s strongly for ‘state’s rights’, but flip-flops between opinion of states’ rights in some cases: with pot legalization, Trump has said both “ I think it’s bad and I feel strongly about it” due to “big problems” in Colorado, but he’s also said “if they vote for it, they vote for it” on states’ right to legalize
""Trump has also flip-flopped between states and federal rights on the handling of abortion rights, minimum wage, healthcare, and so on.

AmendmentPronouncementTrump's Unconstitutional Opinion
11thThe Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.This amendment lays the basis for sovereign immunity, a concept that allows the US to not be sued by other countries. Trump recently criticized Obama for vetoing the 9/11 Lawsuit Bill- a bill that may upset that longstanding principle I was incorrect, the 11th amendment is for sovereign immunity between states, not nations
14thAll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.Along with re-starting unconstitutional stop-and-frisk programs, Trump has also called for heavy profiling such as limiting travel and immigration of Muslims based on their religion, even calling for a "total and complete shutdown of Muslims entering the U.S.". Additionally, Trump believes his mass immigrant deportations should deport birthright citizens who are guaranteed citizenship by this amendment.
15thThe right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.Trump’s talk of observing polling locations in “certain areas” (i.e. predominantly black neighborhoods) harkens back to 1870’s anti-black voter intimidation white militia groups such as the White League and Red Shirts
19thThe right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.Nothing from Trump directly, but his supporters coined the hashtag #Repealthe19th when a only-male-voters map showed Trump winning, which was retweeted by Trump’s son to show momentum

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