Sunday, November 22, 2009
American Rights
Most American citizens understand that our Constitution includes a Bill of Rights. However, all too often the populous knows the 10:00 News version of what they say. I would like to explain them now before I proceed
Amendment 1. 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.
This particular amendment may be somewhat confusing to the population; specifically because of how often we hear it and how often it’s misquoted. Let’s break it down. Congress shall make no law respecting an establishment of religion. Congress (where laws come from) can’t start a new religion. Neither can the Executive Branch, Nor the Judiciary.
or prohibiting the free exercise thereof. So, if I read this correctly and it’s only a few words in English Congress can’t enact a law to prohibit religion and neither can The President (covering religious images before he speaks) or the Judiciary (redefining existing law to promote a different agenda).
or abridging the freedom of speech These few words tend to negate the whole concept of Politically Correct.
Or of the press The MSM can spin it however they want. Time to teach critical thought.
or the right of the people peaceably to assemble I guess this means that our Founding Fathers appreciated Lively public Discourse. And make sure your Representative understands this part. When they call a Town Hall meeting, they can’t arbitrarily limit the scope or the Size of the gathering. It is funny in a way, that there is no limit as to the size crowd in attendance for one of their fund raisers.
petition the Government for a redress of grievances Does this mean that the Federal Court can’t refuse to hear a case against the government?
Amendment 2 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 amendment allows for the States to have a National Guard (Militia) a Volunteer Army, if you will. I don’t believe that all the current groups calling themselves a militia today wouldu pass the well regulated part. This also allows for the Governor of a state to utilize the Guard to preserve the security of the state. This would include natural disaster, cleaning out gangs or illegal aliens, and fighting against domestic invasion. This also negates gun bans, denial of gun collections of any amount, caliber, and type, or any age discrimination for ownership.
Amendment 3. 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.
This is self explanatory.
Amendment 4 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.
This amendment says that the Government cannot search or seize property or person without Probable Cause that is attested to.
Amendment 5 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 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.
This is the famous Fifth amendment It clearly states that a person cannot face an accusation for a Capital crime without an indictment by a Grand Jury. It also guarantees that a person does not have to incriminate himself with his testimony. It guarantees legal due process in court to each accused person.This is also the Famous Double Jeopardy Right, which has been distorted into the Hate Crime Law. And last, The right of Eminent Domain to all jurisdictional authorities is stated. The benefit to the citizenry is the just compensation for that property involved.
Amendment 6 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 .
This guarantees the right to a speedy trial, attended by a jury of your peers, Legal cousel, and Discovery of the accusation and the evidence against the citizen.
Amendment 7 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. This guarantees the right to a jury trial even in Civil Trials
Amendment 8 Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
You all know what this means, the Courts cannot arbitrarily make an example out of the accused or the guilty.
Amendment 9 The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
We have other rights? Yes, we do. They are not emotional hopefuls like clean air or water. But, they are rights just the same. We will discover these later.
Amendment 10 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.
This guarantees that more powers (rights) are available to the citizenry and allows the decentralization of the Government.
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