Happy Belated Anniversary
I meant to post this yesterday, but better late than never. Yesterday, December 15 in 1791, the first 10 Amendments were officially ratified and added to the draft of the US Constitution. For those who've followed this blog, you know I've spoken often about the Bill of Rights and its relevance in our modern society. I've spoken of its importance to us and of the assault on it by those in power. This document, a document some at the time felt was unnecessary, still stands as a bulwark we can shield ourselves with as our freedoms are continuously assaulted. It is thought today by some on the Supreme Court and those who use the courts to further an agenda they cannot push through legislation to be more of an impediment, to be a relic of a past they would rather forget. Forgetting our history, I've often reminded you, is the surest way to building a new and very disturbing future.
As you go about your weekend, take a little time to reflect on the Bill of Rights and what they meant, and in their own way still mean to this country. Their meaning and the freedoms they guarantee have been attacked from all sides, never more so than within the last sixty years. Just for giggles, I'm also going to post all ten of the original Amendments to assist in that reflection. Read them as if you were a person bent on preserving freedom from government interference and not someone looking for how to skirt these same Amendments to curtail other freedoms.
For example, as Justice Scalia has noted, the First Amendment has been read to allow nude dancing, flag burning, pornography and even refusing to wear a necktie, but political speech is not so readily covered, according to the decision in McConnell vs. FEC. Which one of those do you think the Founding Fathers were considering trying to protect as they wrote it? I could go on with the perverted twistings... The Second Amendment being interpreted to ban private firearms possession, Fifth Amendment being interpreted to allow public seizure of private land for private interests, and the complete ignorance of the existence of the Ninth and Tenth Amendments. Enjoy.
The Conventions of a number of the States having, at the time of 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 insure 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, namely:
Amendment I
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.
Amendment II
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.
Amendment III
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.
Amendment IV
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.
Amendment V
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.
Amendment VI
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.
Amendment VII
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.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X
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.
I meant to post this yesterday, but better late than never. Yesterday, December 15 in 1791, the first 10 Amendments were officially ratified and added to the draft of the US Constitution. For those who've followed this blog, you know I've spoken often about the Bill of Rights and its relevance in our modern society. I've spoken of its importance to us and of the assault on it by those in power. This document, a document some at the time felt was unnecessary, still stands as a bulwark we can shield ourselves with as our freedoms are continuously assaulted. It is thought today by some on the Supreme Court and those who use the courts to further an agenda they cannot push through legislation to be more of an impediment, to be a relic of a past they would rather forget. Forgetting our history, I've often reminded you, is the surest way to building a new and very disturbing future.
As you go about your weekend, take a little time to reflect on the Bill of Rights and what they meant, and in their own way still mean to this country. Their meaning and the freedoms they guarantee have been attacked from all sides, never more so than within the last sixty years. Just for giggles, I'm also going to post all ten of the original Amendments to assist in that reflection. Read them as if you were a person bent on preserving freedom from government interference and not someone looking for how to skirt these same Amendments to curtail other freedoms.
For example, as Justice Scalia has noted, the First Amendment has been read to allow nude dancing, flag burning, pornography and even refusing to wear a necktie, but political speech is not so readily covered, according to the decision in McConnell vs. FEC. Which one of those do you think the Founding Fathers were considering trying to protect as they wrote it? I could go on with the perverted twistings... The Second Amendment being interpreted to ban private firearms possession, Fifth Amendment being interpreted to allow public seizure of private land for private interests, and the complete ignorance of the existence of the Ninth and Tenth Amendments. Enjoy.
The Conventions of a number of the States having, at the time of 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 insure 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, namely:
Amendment I
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.
Amendment II
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.
Amendment III
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.
Amendment IV
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.
Amendment V
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.
Amendment VI
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.
Amendment VII
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.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X
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.
posted by Rob Beck | 9:07 PM
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