The Constitution of the United States
As Seen By an Average American.
Part 4
I’ve included the Bill of Rights as a part of the Constitution since it is and was an integral part of the way our Government was run and was intended to be run, at least it ran that way for the first about 150 years, albeit with a few hiccups along the way. The Bill of Rights has also been misused and misinterpreted by just about every citizen of the USA and by every special interest group as they saw fit for their own benefit.
The Bill of Rights (ratified December 15, 1791)
The Preamble to The Bill of Rights
Most copies of the Bill of Rights just lists the actual Amendments, there is no Preamble, and this has lead to a lot of confusion on how the Bill of Rights applies. Most citizens believe the Bill of Rights is a guarantee of protections for them, for the individuals themselves, not true, the Bill of Rights would have been more appropriately named the Bill of Restrictions. Restrictions on the Federal Government unless otherwise specified.
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.
This is the part that many forget and is hardly ever included in the printing of the Bill of Rights. The States were so afraid of having a monarchy like they had just fought to be free from that they knew there needed to be more restrictions and clarifications in the Constitution.
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.
Just as a point of note, this was an Article V convention, per the Constitution. The original Government proposed 12 and ratified 10 Amendments that put further restrictions on the Federal Government the correct way, not by using backroom deals and slight of hand secret handshake deals to get more power.
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.
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.
What is seldom mentioned and for the most part has been forgotten is that many States had State sponsored religions; they just wanted to ensure that the Federal Government, for all intents and purposes, remained neutral when it came to religion. The States also remembered the repressions they had to deal with as far as speech and press while under British rule, therefore they did not want to give the Federal Government any leeway to stifle these freedoms. This was a Government of the People, a republic, the People therefore were given the right to assemble and to petition the Government when the Government was not doing what the People felt was in the best interest of the People.
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 is one that it actually pains me to write about. This is a restriction on the Federal Government, the individual states can make laws as they feel necessary to restrict guns, or outlaw them altogether. Each State has its own Constitution; every citizen needs to check their States Constitution for gun laws. I’ve looked at several and every one I’ve looked at so far has had the exact same restriction on the State Government that the 2nd Amendment applies to the Federal Government. When we start trying to apply the Bill of Rights to the individual States we are doing more to remove the power of the States and grow the power of the Federal Government they we are to protect the rights of individuals as we all are lead to believe.
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.
During the period of the Revolutionary War it was common place for Soldiers to take refuge in private homes and to take livestock or food stores without regard for how the landowners were going to survive. The individual States wanted to protect themselves from this happening in this new Nation.
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.
Once again to ensure the protections of freedom and liberty the People had to feel free from unwarranted persecution and searches. Without these freedoms there is no America.
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.
To sum this up what it is really saying is that before someone can be tried for a crime the Prosecution, the State, must have their ducks in a row. They can’t just keep trying someone hoping they will slip up and confess or give up some bit of information that allows the prosecution to find more evidence. Once again this is a protection of personal freedoms for the People. It can be a frustrating Amendment but at the same time we have to have proof before we can put someone on trial and convict them, hearsay can put an innocent man in prison.
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.
This goes with the 5th Amendment which prevents the abuse of power to hold someone with little or no evidence. This also ensures that all accused have properly trained and knowledgeable counsel representing them in the court.
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.
The amount of $20.00 was a large sum of money in the days that the Constitution and the Bill of Rights were written. The thought behind this Amendment stands today, in order to ensure domestic tranquility civil suits shall have the right to a court trial.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
This just rounds out the 5th and 6th Amendments to once again prevent the abuse of power by the Federal Government.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The 9th Amendment along with the 10th Amendment below are the Amendments that have been given away, in some cases actually taken by either force or slight of hand. These are the Amendments that need to be restored in order to restore the Constitution and the control over the Federal Government.
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.
Although I’m not going to go into the other Amendments that have been written I will say this; when the 17th Amendment, the one changing the selection of Senators from the States Legislatures to popular vote it took away the power of the States, there is no longer anyone in Washington DC that is actually looking out for the States as individual States. The 10th Amendment was the one that retained the power with the States, the States were to have the power to control the Federal Government, they were to remain as individual States making their own laws as they saw fit. If you were not happy with a States laws you were free to move to a State that has laws more fitting to your desires.
When the Federal Government steps in and starts to apply all of its laws on the States then there is no where else to go, you can’t just move to a different country. For that reason we can not have the Federal Government or the Supreme Court applying the Bill of Rights to the States, that is nationalizing, that is just one more step towards socialism.
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