When the Constitution was written, and even when it was ratified, a number of the states didn't think the document was detailed enough in it's protections of the the people. The first ten amendments, known as the Bill of Rights, and they were all ratified together on 15 Dec 1791 - or were they? In actuality, they were not.
There were twelve proposed amendments to the Constitution, to be known as the Bill of Rights. The original 1st Amendment has never been ratified, the original 2nd Amendment was ratified in 1992 (201 years after it was originally proposed, as the 27th Amendment. The remaining ten became our Bill of Rights.
The biggest problem with the Bill of Rights is that lawyers, judges, politicians, and other assorted idiots want to interpret them rather than take them at face value.
The 1st Amendment says "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;..." Where does it say we can't pray in school? Or thgat a state judge cannot place the Ten Commandments in his courthouse - heck they're engraved into the walls of the Supreme Court of the United States! It simply says that Congress cannot pass a law either for or against any specific religion. Seems simplke enough to me. "...or abridging the freedom of speech, or of the press;..." Where does it say that walking on or burning the US Flag is in fact speech? It says that Congress cannot pass a law abridging free speech. It doesn't say that we have the right to say whatever we want, whenever we want. We don't have the right to yell Fire in a crowded theater do we? If it's someones freedom of "expression" to burn the flag, why isn't it my freedom of expression to smack that person in the head? Earlier this week Senator Levin was holding a town hall meeting and one of his constitutents read a lengthy diatribe belittling the Senator and his colleagues. The Senator called that "Freedom of Speech". Another Constituent ( a female Muslim no less) hit the Senator in the face with a pie! He called that assault!! "...or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." So far we haven't had any problem with the part of the amendment, but that's only because Ms. Pelosi and Mr. Read haven't thought about it yet!
The 2nd Amendment says "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." This seems reasonably simple, of course there are a few mayors that don't agree with that. The big thing is the folks who don't understand the militia feel the militia has the right to keep and bear arms, not the people. Title 10 United States Code Section 311 states "The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard." Some state laws change that end age from 45 to 62 or 65, if the individual is retired from the military. The bottom line is you're in the militia, whether you know it or not. The statute goes on to breakdown the militia into two classes, the Organized Militia or National Guard and the Unorganized Militia, which is everyone else!
The 3rd Amendmenmt has not been an issue in over 100 years. The government may not force you to have soldiers living in your home. However, it doesn't say a word about Sailors, Marines, and Airmen - LOL!
The 4th Amendment is another one of some importance; "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." The statement - Ya gotta Warrant? - comes from right here. You need to make sure the LEOs comply with it.
The 5th Amendment is more than just the Godfather taking the 5th! It's really quite detailed. You cannot be tried for a capital crime UNLESS you've been indicted by a Grand Jury; you can't be tried twice for the same crime (Double jeopordy ring a bell?); you cannot be forced to testify against yourself; you cannot be executed, confined, committed, or have property confiscated without due process; and your property may not be taken from you for public use without just compensation.
The 6th Amendment is the basis for the Miranda Warning. It guarantees you a speedy and public trial, by a jury in the political subdivision (city, county, state) where you have been charged; you shall be told what the charges against you are; you shall be afforded an attorney and the opportunity to gather witnesses on your behalf. To whit - you have the right to remain silent and the right to an attorney, if you cannot afford an attorney one will be appointed for you.
The 7th Amendment requires a jury trial in civil suits where the value in controversy exceeds $20. (I think that should be raised to a more reasonable dollar amount.)
The 8th Amendment covers cruel and unusual punishment, excessive bail, and excessive fines. However, it does leave the definitions of the those three areas to the courts.
Two of my favorites are the 9th ("The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."), and the 10th ("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.") Basically the 9th says that just because the right is not delineated in the Constitution doesn't mean we don't have that right, while the 10th says if it's not in the Constitution it belongs to the States and the People, not to the Feds! This is where we should get to decide if a Federal judge is serving with good behavior. This also covers some assorted Cabinet Departments that are not under the Federal government's perview, but rather that of the State governments. These would include the following departments: Interior, Agriculture, Labor, Housing and Urban Development, Energy, and Education.
I think I'd better pick up the other seventeen next time.
God Bless America.
Gunner Sends.
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