The Bill of Rights

The first ten amendments to the United States Constitution, knownas the "The Bill of Rights," were created to make clear and explicit someof the important rights of the people, by openly stating certainlimitson the Federal government, in order to protect the people from tyranny.Having just freed themselves from British rule, many Americans were fearfulof the creation of another strong national government that would againtrample on the people. It was only after the Federalists (those Americanswho advocated a new federal government) promised to amend the Constitutionwith a "Bill of Rights" did some Americans decide to approve the proposedConstitution.

These amendments were passed by Congress on September 25, 1789 and ratifiedby the states on December 15, 1791.  I have commented on the firstthree amendments, and will add comments to the rest later.

1. Congress shall make no law respecting anestablishment of religion, or prohibiting the free exercise thereof; orabridging the freedom of speech, or of the press; or the right of the peoplepeaceably to assemble, and to petition the government for a redress ofgrievances.

Freedom of speech and of the press applies to all, and especiallyto marginal and/or unpopular groups and views. The first step to tyrannyis always to deny people the right to speak publically. All people, includinghate mongers, racists, anarchists, traitors, and bigots are permitted tospeak freely and publically in a free country.

Contrary to what some would like us to believe, this amendmentreally does say, and was intended to say, that Americans are entitled topossess firearms, even automatic weapons and other weapons used by professionalarmies.  At the time this was written, Americans  and Englishmenthought, and with good historical reason, that one purpose, and possiblythe main purpose, of a standing, regular army in any government was tokeep the people in submission, and not to simply defend against externalfoes.  Of course, governments claim they need armies for defence againstexternal foes, no government, not even a strong tyranny, likes to admitit rules its own people by force. The founding fathers wanted to removethe government's ability to maintain armies under the pretense and excuseof defense needs. They did this by advocating the use of militias, thefamous "minute men," farmers ready to take up arms at a moment's notice.If people themselves owned arms, then in time of invasion, the local militiascould quickly become an army of defense, eliminating the need for standingarmies.

Modern gun control advocates like to confuse the meaning of the SecondAmendment by arguing that it only guarantees the right of the people toown guns in order to form militias, or that it only guarantees the rightof the people to bear arms as part of a militia, but this is sophism; readit yourself, and ask, does it, or does it not, say that the right of thepeopleto keep and bear arms shall not be taken away? If you are not ahistory student, you may have the background to understand why the introductoryclause about militias is present in the Second Amendment. Space here allowsme to only touch upon the issue, but if you investigate further, you willfind more on how it was an issue of the times that standing armies wereassociated with tyrants, and that an armed populace was considered thebest guarantee of liberty.

But times change, gun control advocates cry out. The founding fatherscertainly did not intend to allow maniacs to own automatic weapons andgun down crowds of school children. No, they didn't. However, they didintend that ordinary citizens be allowed to possess weapons powerful enoughto allow a civilian to fight a professional army. In those days, it wasa musket. Today, the citizen would need a small guided missile launcher,or other small powerful weapons. Guess what? The Second Amendment guaranteesthe right of Americans to possess such items.

If we, the people, do not want to have such a right, the foundingfathers made provision for changes. All we need do is create a furtheramendment to the Constitution, cancelling the Second Amendment. Let's havethe courage to live honestly, and change the Constitution if we no longeragree with it, instead of making words stand on their heads, and twistingwhat it says to fit what we wish it said.

For those still uncertain as to what the Second Amendment says, hereis a bit of grammatical clarification on the sentence structure of theSecond Amendment. What does the sentence say? It says: "...the rightof the people to keep and bear Arms, shall not be infringed." Isn'tthis very clear? The sentence also explains why this right is needed; becausea well regulated militia is necessary to the security of a free state.But whether the reason why is valid or not, does not change the fact thatthe sentence says the right of the people to bear arms shall not be infringed.The Second Amendment does not say "As long as a well regulated militiais neccessary, the people may bear arms," or "Only in order to form a well-regulatedmilitia may the people bear arms" which is what some claim its meaningto be. There is a clear logical difference between language which statesa reason for something, versus language which declares doing somethingis permissible only to achieve some stated goal. The Second Amendment isclearly of the former, not of the latter. Remember, this is a statementof the rights of the people, not a statement of what the government cando, or what the people may not do.

Americans have the right to bear arms, and this right shall not beinfringed, says the Constitution. Take a look at the Declarationof Independence for the opinion of the Founding Fathers on what a peopleshould do if their government ceases to serve them, and tramples on theirrights. Republican presidential candidate AlanKeyes has an excellent essay on the meaningof the Second Amendment. While I do not agree with much of Keyes' otherbeliefs, I think he is totally correct about this issue.
 
 

Why is this amendment in the Constitution? Because the documentwas written by the survivors of the Revolutionary War, and they still rememberedone of the grievances listed in the Declaration ofIndependence, which is that George III would force the colonies topay for a standing army by requiring them to pay for billeting of soldiers,even to the point of putting them in private homes. The third amendmentreflects a problem that no longer exists, and you seldom hear of the thirdamendment nowadays.

5. No person shall be held to answer for acapital, or otherwise infamous crime, unless on a presentment or indictmentof a Grand Jury, except in cases arising in the land or naval forces, orin 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 injeopardy of life or limb; nor shall be compelled in any criminal case tobe a witness against himself, nor be deprived of life, liberty, or property,without due process of law; nor shall private property be taken for publicuse, without just compensation.

6. In all criminal prosecutions, the accusedshall enjoy the right to a speedy and public trial, by an impartial juryof the State and district wherein the crime shall have been committed,which district shall have been previously ascertained by law, and to beinformed of the nature and cause of the accusation; to be confronted withthe witnesses against him; to have compulsory process for obtaining witnessesin his favor, and to have the Assistance of Counsel for his defence.

7. In Suits at common law, where the valuein controversy shall exceed twenty dollars, the right of trial by juryshall be preserved, and no fact tried by a jury, shall be otherwise re-examinedin any Court of the United States, than according to the rules of the commonlaw.

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

9. The enumeration in the Constitution, ofcertain rights, shall not be construed to deny or disparage others retainedby the people.

10. The powers not delegated to the UnitedStates by theConstitution, nor prohibited by it to the States, are reserved to the Statesrespectively, or to the people.
 

Thought for the day:
"May I never get too busy in my own affairs that I fail to respondto the needs of others with kindness and compassion." -Thomas Jefferson