Part Three - Bill of Rights

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Democrat History


Part Three - Bill of Rights
06.08.07 (8:18 am)   [edit]

This is the third post of a three-post series talking about the Democratic Party's beliefs, the Republican Party's beliefs, and the Bill of Rights.

The Bill of Rights

The United States Bill of Rights consists of the first ten amendments to the Constitution.  The Bill of Rights came into effect in the year 1791 when it was ratified by three-fourths of the States.  The Bill of Rights were drafted by James Madison and were strongly supported by the Democratic-Republican Party, today's Democratic Party.

First Amendment: 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.
This amendment was drafted so the government could not establish a church and force its citizens to become a memeber just like it was in England at that time.  It also wanted to people to be able to voice out its opinions about the government without fear of imprisonment.

Second Amendment: 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 amendment was drafted in order for the people to have a direct line of defense against its government.  The Militia they are refering to is not our present day armed forces.  The Militia is like our national guard in a way.  This amendment was also drafted in order to protect its people from its own Militia.

Third Amendment: 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.
This amendment was made once again to protect its citizens against is own Militia.  This is to stop our soldiers from seizing the homes of citizens and using them as military posts.

Fourth Amendment: 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.
This was set up to protect the people from its own police force.  This amendment is one in which the present administration is inturpretly very loosely with its warrentless wiretaps.

Fifth Amendment: No person shall be held to answer for any 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.
This amendment gives you a due process, protects you from double jeopardy, self-incrimation and to hold private property.  This is another amendment the Bush administration inturprets loosely with the holding of people at Gitmo Prison without a proper and speedy trail.

Sixth Amendment: 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 where in 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.
This amendment grants the people a trial by jury of their peers.  This again, is an amendment that the current administration inturprets very loose.

Seventh Amendment: 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.
This amendment sets up a civil trial by jury.

Eighth Amendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
This amendment is to protect you from the system by not being allowed to take all of your wages due to a crime.  Also it doesn't allow torture for information (again Bush administration's inturpretation).

Nineth Amendment: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
This protects people rights not exclusively mentioned in the Bill of Rights.

Tenth Amendment: 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.
This gives some power to the states and back to the people.  This protects states and its people from the federal government.

 


posted by: heavyarms (reply)
post date: 06.08.07 (7:11 am)

Second Amendment: You say that the militia is like our National Guard, and this is not actually correct. The Constitution defined the state militias as every able-bodied white male, age 18-45. In 1862, males of "African descent" were included so that Union states would be able increase its manpower with black militia units. The Militia Act of 1903 formed the state militias into the National Guard and made it a part of the Department of Defense. In 1933, the National Guard was made a part of the US Army. Originally, the intent was for the Federal government to maintain a small regular army, with the state militias being called up in time of emergency to form a larger force. This was in keeping with the isolationist and decentralized government sentiments of the time. Today's National Guard is very different from the original state militias. State militias were intended to be made of "warrior/citizens," assuming that most males would answer the call of duty. Those warrior/citizens would need to provide their own (military grade) arms, because arming every 18-45 year old male would be an expensive proposition for what they hoped would be a small federal government (very different from the bloated parasite we have today.) However, NONE of this is the most important part of the Second Amendment. The most important part is "the right to keep and bear arms shall not be infringed." "A well-regulated militia, being necessary to the security of a free State," is simply the reason WHY that right shall not be infringed.

Fifth Amendment: The US Constitution does not apply to non-citizens. Notice, also that the sixth amendment begins "In all CRIMINAL prosecutions." Gitmo detainees are not detained on criminal charges.

Tenth Amendment: "This gives some power to the states and back to the people." This give ALL the power not specifically mentioned in the Constitution as the Federal Government's back to the states and the people. Remember, our Founding Fathers wanted a small Federal Government, they wanted most of the power to rest with the states and the people (separate entities, which is why, originally, Representatives were elected by the people, and the Senate was to represent the States.) A central government, they feared, would become too powerful, oppressive, and difficult to overthrow should it become destructive to its citizens. We've come quite a way, no?

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