1st Amendment:

no establishment of religion

20% dead

Lemon v. Kurtman Test is appropriate though religious fanatics on local level increasingly ignoring the law.

1st Amendment

free exercise of religion

80% dead

Employment Division v. Smith allows government to regulate religion to enforce a compelling state interest.

1st Amendment

free speech

70% dead

5 major areas of exceptions now exist; as well as time, place and manner rules; and special context rules.

1st Amendment

free press

10% dead

Courts often use gag orders to prevent news coverage of trials.

1st Amendment

right to assemble/petition

70% dead

HUD Housing efforts

2nd Amendment

right to bear arms

90% dead

Crime Bill of 1994 banned 19 types of semi-automatic rifles.

3rd Amendment

no quartering of soldiers

0% dead

4th Amendment

no searches without warrants

100% dead

Limited by definition of reasonable expectation of privacy; 11 exceptions to warrant requirement; and United States v. Leon good faith rule. *In 1995, Congress completely obliterated this Amendment. It no longer has any force and effect.

5th Amendment

Grand jury indictment required

0% dead

* 0%, but grand juries are now usually stacked with pro-prosecution regulars who do not know how to exercise their rolls as grand jurists.

5th Amendment

no double jeopardy

80% dead

The Wheeler and Heath cases allow prosecution by the Feds and multiple states while the Blockburger line of cases allows multiple prosecutions resulting from the same conduct.

5th Amendment

privilege against self-incrimination

40% dead

The Schmerber and Muniz cases have reduced this protect ion to only the extremely limited category of testimonial evidence.

5th Amendment

due process

100% dead

Expanded way beyond original intent to create bureaucratic nightmare. * Made more evident when in 1996, the Supreme Court allowed all regions of government to seize property without any due process and allowed the ignorance of the 'can not take private property without compensation' clause.

6th Amendment

speedy trial

90% dead

Under Barker v. Wingo Test defendants have been made to wait as long as seven years before trial takes place.

6th Amendment

right to jury (criminal case)

30% dead

Batson line of cases places rights of juror's over the fair trial rights of defendants.

6th Amendment

confrontation by witnesses

100% dead

Maryland v. Craig allows witnesses to testify from other rooms or even on videotape without any chance to cross examine.

6th Amendment

right to counsel

10% dead

Applies only in cases where actual incarceration is imposed.

7th Amendment

right to jury (civil case)

0% dead

8th Amendment

no cruel or unusual punishment

100% dead

Expanded by liberals well beyond its intended meaning, which has resulted in coddling criminals.

8th Amendment

no excessive bail or fines

100% dead

Both excessive fines and bail are regularly used now.

9th Amendment

nondisparagementclause

100% dead=

Expanded by liberals well beyond its intended meaning.

10th Amendment

reserved powers clause

100% dead=

Garcia v. San Antonio Metro Transit Authority killed the 10th Amendment, and all hopes for control over congressional power.