Most people
think the Bill of Rights (the first 10 Amendments to the Constitution) are part
of the original document. They actually were added briefly after the
Constitution was written and ratified by the states and after serious debate
about the wording and content of each Amendment. There were originally 20
Amendments, but only 12 survived the debate in the House and Senate and were
sent to the states for approval. Of those 12, only 10 were ratified by the necessary
two thirds of the states. One of the remaining two was eventually ratified some
200 years later as the 27th Amendment. Where the body of the
Constitution created a framework of government responsive to the people and
mostly under their control, the Bill of Rights was added to guarantee the
“unalienable” rights that the government was formed to protect and defend for
each citizen. Each of the items presented in this group of guarantees is worthy
of an article by itself, so this article will portray the basic concepts that
are addressed and how those concepts make us more free, more prosperous and a
more happy people when they are protected and honored.
Protecting
the freedom of thought, opinion and communication – The 1st
Amendment specifically addresses freedom of religion, speech, the press
(printing or broadcasting what you think), assembly and disagreeing with the
government (redress of grievances). While this covers a lot of ground, the
common theme is that it is none of the governments business what you believe,
think or say unless you do damage to others, and then only if that damage is
based on provably false statements. Throughout this document, it becomes
evident that the founders agreed with the motto, “Your right to swing your fist
ends where my nose begins.” They wished to grant the greatest freedom possible
in keeping with the peace and well-being of the citizens.
Protecting
the right to defend our selves, families and property – Specifically addressed
by the 2nd through the 8th Amendments, we have the right
to rebut accusations, not be intimidated by others or by the government, not to
give testimony against ourselves or our spouses and be reasonably well treated
while under accusation unless and until convicted of an offense. We are also protected
from “cruel and unusual” punishment
Protecting
our right of privacy and to not be put upon or abused by the government – The 4th
Amendment is the gold standard here as it states clearly that the government
cannot collect, look at or use our personal information (persons, houses,
papers, and effects) without warrant issued by a judge and that the warrants
cannot be issued except by probably cause “supported by Oath or affirmation”.
In my opinion, the current collecting and sifting of our communications and
movements by the NSA is a clear violation of this right. Amendment 3 also
addresses this issue.
Protecting
our right to defend ourselves against accusations or charges – Amendments 4, 5,
6, 7 and 8 make it clear that no punishment can be affixed to us unless the
government can prove beyond reasonable doubt and without resorting to dishonest
or coercive actions that we are guilty of a crime.
Protecting
us from out-of-control government and tyranny – Amendments 9 and 10 make it
clear that these are only a few of our unalienable rights and that it is the
duty of the government to recognize all of those rights and not assume it has
the right to define them to enhance their own power. All of the Amendments in
the Bill of Rights address this issue, but perhaps the most critical is the 2nd
Amendment which allows citizens the right to keep and bear arms – not just to
hunt and target shoot, but to defend themselves from all enemies, foreign and
domestic – including their own government if, in the words of Thomas Jefferson
and the Declaration, it “becomes destructive of these ends, it is the Right of
the People to alter or to abolish it.” An unarmed populace cannot defend “the
security of a free state”. We need to understand and defend these freedoms as
the founders did.
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