Sunday, August 7, 2011

Bill of Rights

I bumped into a guy last week while working my landscaping job. He was putting in new flooring at a cabin and we got into a conversation. I discovered quickly that he was a product of guys like Rush Limbaugh who make a living tell people what to be afraid of and who to blame for that fear. He was convinced the United States was on the verge of collapse and would soon be controlled under the regime of a guy like Hitler. Although I was not impressed with his theories, he did bring a valuable point in terms of the Constitution. He asked whether or not I could name all 10 amendments in the Bill of Rights. I did not answer him but truth be told I was not sure of all ten. The more I thought about it that day the more disappointed I was in myself. After all, the Constitution was only ratified by the original states because of the limitations on the National Government specified by the Bill of Rights. In other words, these ten precious amendments were required before people would even consider allowing the national government to form and replace the Articles of Confederation. If we do not know what they are, how are we suppose to know when/if the federal government violates them? So without further ado...

1st: 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.

2nd: 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.

3rd: 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.

4th: 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.

5th: 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.

6th: 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 defence.

7th: 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.

8th: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

9th: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

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.