Disclaimer: Some postings contain other author's material. All such material is used here for fair use and discussion purposes.

Friday, March 2, 2012

Progressives shredding the Bill of Rights


Since The Nation is complaining about Conservatives shredding the Bill of Rights, I thought we should look at them. I suspect that it is the Left that doesn't much care for the Bill of Rights. 


AMENDMENT I

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. 

The Left seems to like about one half of this amendment. The really like not establishing, but they are routinely against the free exercise. Also, the "make no law" part has got to be the most  ignored phrase in the Bill of Rights.  

AMENDMENT II

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.

Oh, man. How the Left hates this amendment! Despite the recent supreme court ruling, they continue to insist that this right is a "group" right exercised at the behest of government conscription. But even this misses the point. The Bill of Rights is a list of additional government limits. It is are not intended to create rights or to describe the obligations or privileges on citizens. 

AMENDMENT III

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.

As the police state advances in
America via the Patriot Act and various forfeitures laws, IRS liens, etc, we might someday need this amendment again. I wonder which side the ACLU will fall on?

AMENDMENT IV

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.

The Left tends to like this amendment, but in a limited sense. In fact, they have done a pretty good job in many cases by litigating the excesses of government. But they fall short as it applies to "papers" in the sense that our most private of documents and records are routinely required of us in the form of our tax return. This is an egregious violation of privacy. 

AMENDMENT V

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 offense 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.

Again, the Left has done some good work here for the most part, with the exception of  the "takings" clause. This amendment was modified by the supreme court in the Kelo case in violation of the amendment process. "Public use" now means "public benefit." And "public benefit" is measured by the amount of tax revenue generated. 

AMENDMENT VI

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.

Much of this amendment has been rendered moot. We can safely delete the words "speedy," "impartial," and sometimes, "public," since they are no longer relevant. 

AMENDMENT VII

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.

"Rules of the common law." Hmm. Not Sharia law? Not international law? 

AMENDMENT VIII

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

"Excessive fines," like the forfeiture of your house, bank accounts, or car if suspected of being a RICO? And of course, the definition of "cruel and unusual" is schizophrenic, where slight discomfort is cruel and unusual in some cases, but sending an American citizen to Gitmo is perfectly ok if the government suspects some sort of terrorist connection. 

AMENDMENT IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Here's another irrelevant amendment. Because of the faulty idea that the Bill of Rights is about the people, this amendment is the ugly sister. According to this amendment, the people are pre-eminent over government. This might be the most important amendment, and the most ignored.

AMENDMENT X

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.

Hand-in-hand with Amendment IX is this one. This one also has been neutered by the Left, placing the federal government as the highest power. This is a reversal of the pyramid and a violation of this amendment.

No comments:

Post a Comment