The Bill of Rights

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 27^th 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 1^st 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 2^nd through the 8^th 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 4^th 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 2^nd 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.

The “New” Amendments

The Amendments to the Constitution after the 1^st ten (the Bill of Rights) are a mixed bag of good and bad ideas, clarifications or definitions, and attempts to overcome the protections that the Constitutionoriginally guaranteed the citizens of the United States. Only two additional Amendments were ratified before the end of the Civil War in 1865 and only three more from that period until 1913 when the first of a number of questionable Amendments were created. In all during that 100 years we have created and ratified 12 more Amendments, some of which have either been bad ideas or unnecessary. I abide by and respect the law created by these 12, but disagree with and am working to rescind a few of them, just as we rescinded the 18^th when we realized it was a bad idea.

Good ideas and clarifications - #11 clarified the role of the judiciary in lawsuits, #12 defined and clarified the process of electing the president and vice president, #13 outlawed slavery, #14 clarified equal rights and protections and applied them to all citizens, defined requirements for the election of members of Congress, and identified what is and is not a valid debt of the government. #15 extended the vote to all male citizens and #19 extended it to women, while #26 extended it to all citizens over age 18. #24 restricts the government from stopping anyone from voting because of failure to pay a poll tax or any other tax.  #20, #22 and #25 identify the terms of office for elected Federal officials and the way successors to the President should be chosen in case of death or inability to continue.

As you can see, most of these amendments were designed to make the government work better, correct problems that were politically unfixable at the time the Constitution was written (slavery, etc.) or expand the number and type of people allowed to vote. In general these are all good ideas with the possible exception of allowing people to vote and decide the direction of our country that have not studied the candidates and issues and become educated as to the history, freedoms and responsibilities of an informed electorate.

Two amendments, #18 and #21, cancel each other out as we outlawed alcohol and then realized the concept was a failure and simply created a criminal element instead of stopping people from consuming it. #23 allows the people residing in the District of Columbia to have representation in Congress and in the choosing of our President, but without the full benefits or responsibilities of being a separate state. The 27^th Amendment disallows any pay increases to take effect during the current election cycle, thus decreasing the incentive for Congressmen to vote themselves pay increases. It seems to have not had the desired effect, since they are continuing to increase pay, even though they already receive much more than the normal citizens and “retirement” pay that is by far above what most of us receive.

The worst amendments are #16 and #17. They were both passed in the same year, 1913, and were part of a systematic effort to fundamentally change our system of government. In my opinion, those changes were much for the worse and have precipitated many of the problems we now face. For more info, read the book “1913” by Oliver DeMille and Orrin Woodward. #16 created the IRS and allowed for an individual income tax. Up until that point, all efforts to tax the income of individuals were struck down by the Supreme Court as unconstitutional. The government could not control or penalize your income, as long as that income was legally created. This was the basis of the success and prosperity of the citizens of the US, especially in comparison to the general citizenry of any other country. The 17^th Amendment took the rights and protections of the individual states away and gave election of Senators to the general public. This sounds like a good idea until you realize that the Senators were a check and balance on the excessive promises of the generally elected House of Representatives. With that check and balance removed we now have out of control debt and laws that pander to special interests and the “gimme” mentality instead of looking at the long term effects of spending without restraint for unnecessary or unwise programs and redundancies.

All in all, most of the Amendments are good or at least non-destructive. A few, however, have set in motion things we really don’t want and should be rescinded.

Life, Liberty and the Pursuit

The Declaration of Independence is one of the greatest achievements of man in history. It is great not only because it gave birth to a nation, but because it created a framework of liberty and a clear statement as to why liberty and freedom are necessary to the greatness of humankind. It also creates an understanding of the proper role of government and lays the foundation upon which the Constitution was built.

Here are just a few of the great truths that continue to gain honor today because Thomas Jefferson and our founders were so educated, insightful, articulate and inspired.

Mankind has unalienable rights – granted by their creator and not by government. Governments do not create these rights nor do they have the right to take them away from law abiding citizens. These rights include (but are not limited to) life, liberty and the pursuit of happiness. You may notice that happiness is not a right granted by government or God, but the ability to pursue happiness is. One other unalienable right that was mentioned in the first draft was “Property”. While Jefferson and others felt that ownership and personal control of property that had been created or legally purchased was one of these rights, it was argued that some might think that governments would need to be in the business of “providing” property to citizens which was diametrically opposed to the right they did believe in – the pursuit of happiness which included the creation, ownership and control of property without government interference as long as the rights of others are not impinged upon.

Governments receive their power to govern (just powers) from the consent of the governed. In other words, the people have the right of self-government and only the powers that they, the people, collectively agree to allow the government to exercise are permissible to that government. The government is rightly there to serve the people, not the other way around.

It is the purpose and duty of government to protect the safety and the rights of the governed.

When government becomes abusive of these rights, that government should then be changed or abolished. Abolishing or separating from a government, especially by violence, should never be done lightly or without extensive evidence of the “absolute despotism” of the offending government.

These founders (56 in all representing all the colonies) pledged their lives, fortunes and sacred honor to these principles of freedom. It is evidenced by the mention of deity four times in this document, that these great leaders and courageous statesmen agreed in general that God is involved and properly referred to in the affairs of men and states.

These concepts are the basis upon which our understanding of the Principles of Freedom have come about and they are the basis of what we need to do today to maintain and recover those freedoms and that liberty for which they and many others in our history have paid so great a price. We should examine our own level of commitment and understanding to see if we are creating for our children and their children a world of freedom or allowing that world to slip into servitude, debt and sorrow.

Principles of Freedom – What is a Statesman?

There are actually two basic definitions of the word “statesman”. The first is descriptive of those who represent a state in a larger government. The second is a term of honor and recognition that the person is one who puts principle above politics and works for the good of the whole nation as well as caring about the considerations of those in his “state”. The term originates in the Roman republic where the Senators met to deliberate policy and actions that would serve the interests of the nation and the Roman citizens. In our own history, it applied to those who were chosen to represent the states by the legislature of each state. Because they were not elected, they did not have to face re-election, but they did have to fulfill the wishes of their state legislature or they could be recalled or replaced.

Because these people were representatives of the state governments, they were likely to take more time and effort to deliberate about laws and policy. They were a check and balance on the sometimes frivolous or ill-considered actions of the House of Representatives. This is how the second definition came about. Statesmen were those who were wiser and more concerned about the future than they were their careers and getting re-elected. Being called a statesman was a badge of honor and respect. When serious questions arose, these are the wise and thoughtful people you would ask to work on the solutions. Some senators did not fit this description, but many did and our country was better for it.

When people face re-election every two years, they tend to promise many things in order to get re-elected. The Senate countered this tendency because they normally served for six years and had to answer only to the state legislature they represented. This was one of the choices our founders made that was sheer genius. When the House voted for “a chicken in every pot and a car in every driveway” or other such giveaways, the Senate would normally say “Sorry, we can’t afford that” and they would vote it down. Since it requires the approval of both legislative bodies, proposed legislation that was wasteful or careless rarely went to the president for signature. This process kept us out of significant debt and didn’t require taxing the people, and it kept the people free, happy and prosperous most of the time.

Then came the infamous actions of 1913, when the 16^th and 17^th Amendments and the Federal Reserve Act were passed. We all know that the 16^th Amendment created the IRS and the income tax (which was originally a tax of one percent of the top one percent of the people). But the other parts of the plan were to create the Federal Reserve and the 17^th Amendment. The Federal Reserve is not a part of the government but is owned by private bankers.  They print money with no backing and then loan it to us.  We are then expected to pay them both principle and interest on what they printed. The 17^th Amendment took the choosing of Senators away from the state legislatures and gave it to the voters. Sadly, this removed the last impediment to putting our country into debt and allowing the bankers to control interest rates and inflation. That is kind of like asking the fox to guard the henhouse.

When we say we need statesmen instead of politicians, we are speaking of the critical need for people of vision, thoughtfulness, wisdom and foresight instead of people who serve their own interests, often at the expense of the citizens of our country. Since all of our representatives are now chosen by popular vote, we need to work harder than ever to encourage great people to run for office. Then we need to support them, vote for them and challenge them to do the right things Our current system does not often result in the election of statesmen. We, individually and collectively, need to look within ourselves to see if we are part of the solution or part of the problem. Do we actually take the time to discover what those running for office stand for or do we simply vote without thought or preparation? It’s time to think about it.

Principles of Freedom – What is a Patriot?

There has come about a change in the public perception of what a patriot is – and it is not a good change. Most of us have been fans of a certain sports team or television show or type of car. Having an opinion or valuing something we like is a good thing. However it sometimes happens that we get into the mode of thinking that our team or car or show is superior in every way to every other team or car or show. They can do no wrong and everyone that can’t see that is either stupid or misinformed.

So it is with countries, political parties or candidates. A person who says “My country, right or wrong!” or “If you don’t vote for (insert name or party here), you are stupid, incompetent or dishonest,” is not being a true patriot.

A patriot is one who understands the principles of freedom, is always learning and comparing truth and integrity with what is actually being said and done, and is always willing to confront the errors or corruption they see – even if those problems originate with the country, party or person they have been allied with. A patriot requires of themselves a personal introspection and a willingness to see the truth, even when it is uncomfortable. A patriot stands up for the principles that matter, even when it may cost them something. A patriot may be called a traitor or a coward or a criminal by those in power, if their pursuit of truth and principle takes them into conflict with the powers that be.

The greatest patriots we look to in our history are Washington, Adams, Franklin, Jefferson, Madison and others of their time. These and others, including the signers of the Declaration of Independence, were called traitors because they dared to criticize and separate themselves from the “home team” of the British Empire. Those who stood up and called slavery a plague and an abomination were ridiculed and hated by some. Winston Churchill was ostracized by many in the British government until he was proven right about the dishonesty of Hitler’s Germany. Gandhi was called a coward because he wouldn’t physically fight against the government who occupied his country. All of them stood in support of truth, principle and the good of their people and of mankind. All were true patriots. All succeeded in making the world better or stopping evil from taking or keeping power.

Patriots are not those who numbly go with the unexamined status quo. They are thinking, caring and informed. They act, speak and vote in support of the principles and people who are doing what they should. My hope is that we all are willing to take the time and effort to be true patriots and not just puppets.

Principles of Freedom – Statism vs. Liberty

This is a topic that could make an interesting book and could take hundreds of pages to explore. In the limited space we have, I will give you the basics. You may want to make a more thorough study of these ideas. A few things you may want to look into include a pamphlet by Eisenhower’s Secretary of Agriculture, Ezra Taft Benson, called “The Proper Role of Government”, and books such as “The Law” by Bastiat, “We Hold These Truths To Be Self-Evident” by DeMille, “, “The Making of America” by Skousen and “The Federalist Papers”. I also strongly encourage all to read the original Declaration of Independence and the Constitution of the United States, even if you have read them before.

In essence, Statists believe that the masses (which means you and me and our friends and neighbors) are not informed or intelligent enough to make our own decisions about important things. They believe we must be “managed” or controlled for our own good and the good of society. They believe that people exist to serve society and, by extension, the bureaucracy of the state which “cares for” the members of society. If left to our own devices and decision-making, they think we will either do foolish things that hurt ourselves and others or we will act with evil intent to damage others or take things from them.

To save us from these evils, they desire to institute controls on the people. They try to force us into their concepts for education, health care, retirement, caring for the poor, management of our lands and property, safety when we drive our cars or motorcycles, the way we produce products and many other areas. They work to enforce these mandates through the imposition of fines, confiscations and incarceration. They attempt to indoctrinate our children to be docile and obedient in government schools which mandate content and curriculum requirements.

In contrast, Liber (the latin root of liberty, libertarian, and other such words) means the state of freedom to choose and act for oneself, assuming the responsibility for those actions. In essence, liberty means the individual is accountable for their choices and is willing to face the outcomes of those choices without asking others to step in or pay the price. By taking that responsibility, they remove the reason for the Statist’s “protection.”  An environment of liberty encourages productivity, industry, success, charity and good will. Statism encourages dependency, lack of productivity and reliance on others to “take care of us”. Those who honor liberty believe the government exists to protect our rights and freedoms and to serve the people, not be served by them.

In reality, we live in a constantly shifting balance between these extremes. That balance was considered by our founders but the emphasis was on personal freedom and responsibility. As we have shifted more and more to the side of control, taxation, debt and management of our affairs by the government, we have become less free, less productive, less successful and more concerned as a society with what we “get” instead of what we can “give”.  John Adams said “Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.” The decay of our society is specifically linked to our unwillingness to be personally moral and responsible. That is the great challenge of our day – to turn that tide and become again a people that chooses freedom, liberty and all that goes with it.

Principles of Freedom – What’s Right With America?

I will start by letting you know that I understand our freedoms are under attack from a number of sources. We have to actively defend our liberty if we want to keep it. That said, the United States of America is still the gold standard of the world when it comes to individual freedom, opportunity and hope for the common man.

Here we have the freedom to succeed – and to fail. Failure is one of our greatest teachers. Most people who have changed their lives for the better in stunning ways have first attended the school of hard knocks and failure. In many countries, neither is an option as your life and employment are managed to prevent failure and as a result, also preclude great success.

Here we have the freedom to associate, to believe in and worship who or what we want, to make a difference or to become different. We have the ability to teach our children our values and to try to encourage others to change or accept what we believe. We are also restricted from forcing our ideas on anyone else, even if the government agrees with us.

Here we have the freedom to affect the direction and attitude of our nation. We the people are the nation, and its elected officials serve at our pleasure. We can elect them and we can remove them. We can influence their choices in making law and policy. If they are not responsive to what a majority of those they represent feel is right, we can choose new representatives.

Here we have the understanding that many of what we consider “rights” are granted by God and not by government and, as such, are not rightly controlled or removed by government. They are unalienable rights and the government “of the people, by the people and for the people” is duty bound to protect those rights at all times. In fact, it is the purpose of government to so do.

Here we have a document that creates a series of protections of those rights and clearly spells out the proper role of government and precludes or resists actions that do not fall into that proper role. It’s called the Constitution and it deserves our respect, protection and effort to maintain and defend.

It will take constant vigilance and active defense of our liberty and freedom if we want to continue to be the best place on earth for opportunity, hope and liberty and justice for all. It will mean taking the time and effort to learn and teach each other the Principles of Freedom and it will mean actually electing people as our servant representatives that see their time in office as a stewardship and responsibility, not a career or a way to power and riches. It means not only voting, but being well informed before voting. It means challenging our representatives and being aware of what they do in our name. That is how a republic works.