The Bill of Rights

cmoth

Shared on Thu, 03/05/2009 - 01:33

 

Now, what I'm going to do is gonna’ get down-right annoying. I plan on listing “the Bill of Rights” in whole. Then over the course of several blog entries explain each of the individual amendments.
 
Please bear in mind that I am NOT a Constitutional Law professor or an expert on this topic other than the study that I've personally put into it. My father raised me with the idea that an education never truly ends. An educated and successful person continues to learn and develop their mind throughout their life up to their death. My father served as a marvelous example of this. Having not completed college, he was hired at Armco Steel Corporation in Houston. Instead of staying a draftsman, my father educated himself and extended his capabilities. Having a background in engineering he was able to use what college he did have to further his career. Starting out in a time before computers, he eventually taught himself several computer languages and became a programmer. Whatever developments came up in his career field he would seek the information to gain that skill. My father became one of the most respected Systems Control engineers in the country. He recently retired from a career of more than 45 years worth of 6 day work weeks averaging 14 hour days. Even though my father worked himself practically to death, he never failed to check on his kids when he arrived home and talk to each of us about what are day was like, how we were doing in school, or help us if we needed it.
 
Obviously, I carry a great deal of love and respect for my father, something that he worked hard at earning (not that he had to).
 
I have had an interest in justice and the legal application of it ever since I was a kid. My dad kind of always figured I'd end up in law enforcement (my mom not so much but hey, not everybody can be an artist and make a living).
 
Besides being fundamental to our legal code, the Constitution and its supporting documents are also a fundamental knowledge that ALL American citizens owe themselves to be well versed. As a consequence my father always presented me with the information I would need or lead me to resources for my own information. We always had new and updated encyclopedias. We had a pretty decent selection of books on varying topics. As soon as computers became viable, we had a couple.
 
As an aside, probably the greatest gift to my education my father provided me was a skepticism and need to question the source of the information I was being given. He had always instructed me to be wary of those pawning off fraudulent information that may be skewed one way or another to further an agenda. I was made aware at an early age that journalists on a regular basis provide information that is organized a certain way or presented in a specific light to build a response in the reader / viewer. I was instructed how to do as much in some of the journalism course I took in high School and College.
 
But, I digress.
 
Included in the information my dad kept on hand was a packet he still has and I one day hope to inherit (not too soon mind you). It was called "Documents of the Freedom Train" ( http://palletmastersworkshop.com/train.html ).
 
Shortly after World War 2 it was decided that we needed to remind American citizens of what it is we would shed blood for. Over time people tend to forget that there are important fundamental values that we need to abide by to peaceably coexist with one another. There are things far more important than the trivial differences we bicker over on a day to day basis.
 
Most of these concerns are selfish. Why do I care of another’s sexual preference or who / what / how / where / when they worship? Does it affect me adversely? Does it constrain my own beliefs and practices? If the answer is no then why should I bother to carry a grievance for or against it?
 
It was those more important issues that the Founding Fathers concentrated on when they began to develop the beliefs of what was to become our system of government. “The Declaration of Independence” (1776) is the beginning of this. It explains and describes the events which compelled them to rebel against the government they were under at the time. More than proclaiming this it also built a structure to what they felt should be a basis for a system of government. After gaining independence, they began the hard work of forming the body of government. “The Constitution of the United States of America” was ratified by Congress in 1787. It took many years of hammering out the details. Many arguments on how restrictive or permissive the governing law should be. Not everybody thought that allowing the body of the people to have such power of those governing was a good idea.
 
After the Constitution was circulated, people were concerned and alarmed that a lot of the issues named as a reason for rebellion were not specifically addressed in the Constitution.
 
The Bill of Rights was the result. Here it is in its entirety.
 
As copied from Wikipedia.
 
Preamble
The Preamble to the Bill of Rights:
Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.
 
THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.
 
RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.
 
ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.[5]
[edit] Amendments
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
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 infringed. [6][7]
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.
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.
No person shall be held to answer for any 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 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 law; nor shall private property be taken for public use, without just compensation.
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 where in 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.
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 re-examined in any court of the United States, than according to the rules of the common law.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
  • Ninth Amendment – Protection of rights not specifically enumerated in the Bill of Rights.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
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.
 
That last one is important. It clarifies that among many things, the Constitution is not only a list of powers granted but restrictions. The government is allowed to do certain things but is restricted from doing anything else not specifically granted to it by the people.
 
Stay tuned. It just gets worse from here on out. ;)

Comments

char's picture
Submitted by char on Thu, 07/09/2009 - 12:30
Char was here! = )
M13a77's picture
Submitted by M13a77 on Wed, 07/01/2009 - 16:18
That would be a lot more funny if it was not so scary and true. Good find Soup.
Lost_Cannibal's picture
Submitted by Lost_Cannibal on Wed, 07/01/2009 - 16:20
Good stuff my and wife argue about the 2nd on constantly She liberal english professor from DC and I'm a barley Graduated HS Blue Collar Texas Conservative, and that other video down below isn't helping my case.
Caesar's picture
Submitted by Caesar on Wed, 07/01/2009 - 19:05
nice

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