Folks – In 1941, President Franklin D. Roosevelt declared December 15 to be Bill of Rights Day. Personally I think that one day is not enough so starting tomorrow, and every day until then, I am going to post a new Amendment every day and I invite you to do the same! AND tell your friends and enemies! The Bill of Rights is forgotten in too many minds!
If you read my updates, you know that I talk about FREEDOM on a regular basis. I do so because I fear that so few people actually understand the freedoms and liberties that this country is to represent!
One of the greatest misconceptions about the Bill of Rights is they are there to give us rights. NOTHING could be further from the truth! Prophetically Alexander Hamilton in Federalist paper #84 warned against having a bill of rights because those rights and more were ALREADY ours without anything being written in the Constitution! The inclusion would lead to the current misconception!
“Here, in strictness, the people surrender nothing, and as they retain every thing, they have no need of particular reservations. “We the people of the United States, to secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the United States of America.”
Later he goes further:
“I go further, and affirm that bills of rights, in the sense and in the extent in which they are contended for, are not only unnecessary in the proposed constitution, but would even be dangerous. They would contain various exceptions to powers which are not granted; and on this very account, would afford a colourable pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do?”
Notice that Hamilton and all the readers UNDERSTOOD that unless the POWER to do so was IN the constitution – the government DID NOT have the power!!
To mollify Hamilton and others who made the argument against the Bill of rights, the preamble to the Bill of Rights makes certain people know that the Bill of Rights is to RESTRICT GOVERNMENT – PERIOD! It reads as follows:
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 starts 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.
Starting December 6th and finishing on Bill of Rights day, I suggest posting the amendments in David Letterman style – counting down from 10!
December 6
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.
December 7
9th The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
December 8
8th Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
December 9
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 reexamined in any Court of the United States, than according to the rules of the common law.
December 10
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 defense.
December 11
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.
December 12
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.
December 13
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.
December 14
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.
December 15
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.
Footnotes:
#84 Federalist Paper
http://www.constitution.org/fed/federa84.htm
United States Constitution, Bill of Rights, complete with preamble
http://www.jmu.edu/madison/gpos225-madison2/bill_of_rights_text.htm
