@ican711nm,
ican711nm wrote:PERHAPS THE USSC CAN BE PERSUADED TO ADDITIONALLY EXPAND THE SCOPE OF BIVEN'S ACTIONS TO ALSO INCLUDE THE 5TH AMENDMENT!
Perhaps . . . or perhaps we can go with this plain and simple description of a Bivens action: "Under Bivens, a person can be held liable under color of federal law that deprive another of a constitutional right." (Aren't your rights under the 5th Amendment
constitutional rights? I think so--but what do I know?)
This case is educational:
http://bulk.resource.org/courts.gov/c/F3/15/15.F3d.1095.93-55479.html
Bivens opened the door for persons to sue
federal employees in their
personal capacities for
money damages when their conduct violates a "clearly established" constitutional right of which a reasonable person would have known. (Do you have money damages? Perhaps not....)
You have vaguely alleged 2 violations of the Fifth Amendment. You must specifically state
what the president did that constitutes each violation. We can't determine if your constitutional rights were "clearly established" without fleshing out the meat and bones of your allegations.
If you don't have money damages, maybe you should consider suing the president in his
official capacity in order to enjoin him from violating the constitution. But then, you have to study the anti-injunction statute to determine if that's possible. There will be obstacles, no doubt, but with your persistence . . . you can think this thing through.
