We All Got Rights – Day 380

Dear George,

I’ve been meaning to write to you for a very long time, but I’ve been really busy lately, what with the holidays and all.

I guess you’ve had a pretty good week considering the fact that most of the news media has been focused on the Iowa caucus activity.  Why, I’ve hardly heard your name mentioned in the news at all this week!

Anyway, let me get back to the reason I’m writing.

For the last seven years I’ve been watching you systematically disassemble the very foundation of our country, morally, physically and spiritually. Now, whenever I see a friend or colleague of mine doing really stupid stuff, my tendency is always to try to extend a hand, offer some help or some words of kindness to help them get back on track. I thought maybe I could do the same for you.  You seem to need a friend to help you on your way.

So, rather than spend my time watching reruns of What Not To Wear, I thought I’d finally take some time to write and share some of my thoughts about where you might want to consider making some changes.  They say it’s never too late to change, and even though you only have about a year left, there’s still time!  No “lame duck” you! 

Of course, it’s really important to contextualize this conversation.  I mean, there’s sooo much we could talk about.  So, just to get the conversation going, I thought I’d reacquaint you with this document called The Bill of Rights. You can read all about it if you have access to a computer and a connection to the Internet.  I know you must remember seeing this document in your civics class, but hey, it’s been a long time.  I know how that is.

So here it is – I just grabbed it off of Wikipedia.com.  I’ll check back in a little later after you’ve has some time to read it and we can talk a bit more about some of the stuff it says. We’ll use some examples from real life.  That’s always the best way to learn things, don’t you think?

Talk to you soon George!

The Bill of Rights are the first ten amendments to the United States Constitution. They were introduced as a series of amendments in 1789 in the First United States Congress by James Madison. Ten of the amendments were ratified and became the Bill of Rights in 1791. These amendments limit the powers of the federal government, protecting the rights of all citizens, residents and visitors on United States territory. Among the enumerated rights these amendments guarantee are: the freedoms of speech, press, and religion; the well-regulated militia’s right to keep and bear arms; the freedom of assembly; the freedom to petition; and the rights to be free of unreasonable search and seizure; cruel and unusual punishment; and compelled self-incrimination. The Bill of Rights also restricts Congress‘ power by prohibiting it from making any law respecting establishment of religion and by prohibiting the federal government from depriving any person of life, liberty, or property without due process of law. In criminal cases, it requires indictment by grand jury for any capital or “infamous crime,” guarantees a speedy public trial with an impartial and local jury, and prohibits double jeopardy. In addition, the Bill of Rights states that “the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people,”^[1] and reserves all powers not granted to the federal government to the citizenry or states.

These amendments came into effect on December 15, 1791, when ratified by three-fourths of the states. Most were applied to the states by a series of decisions applying the due process clause of the Fourteenth Amendment, which was adopted after the American Civil War.

Initially drafted by James Madison in 1789, the Bill of Rights was written at a time when ideological conflict between Federalists and anti-Federalists, dating from the Philadelphia Convention in 1787, threatened the Constitution’s ratification. The Bill was influenced by George Mason’s 1776 Virginia Declaration of Rights, the 1689 English Bill of Rights, works of the Age of Enlightenment pertaining to natural rights, and earlier English political documents such as Magna Carta (1215). The Bill was largely a response to the Constitution’s influential opponents, including prominent Founding Fathers, who argued that it failed to protect the basic principles of human liberty.

The Bill of Rights plays a central role in American law and government, and remains a fundamental symbol of the freedoms and culture of the nation.

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.

Amendments:

• First Amendment – Establishment clause, freedom of religion, speech, and press, and peaceable assembly as well as the right to petition the government.

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.

• Second Amendment – Right to keep and bear arms.

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.

• Third Amendment – Protection from quartering of troops.

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.

• Fourth Amendment – Protection from unreasonable search and seizure.

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.

• Fifth Amendment – Due process, double jeopardy, self-incrimination, eminent domain.

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.

• Sixth Amendment – Trial by jury and other rights of the accused.

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.

• Seventh Amendment – Civil trial by jury.

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.

• Eighth Amendment - Prohibition of excessive bail, as well as cruel and unusual punishment.

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.

• Tenth Amendment – Powers of states and 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.