Bill of Rights Not a Suicide Pact
Bill of Rights 1 – 10
“ We the People of the United States, in Order to form a more perfect Union, establish Justice, ensure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”
Bill of Rights: The United States Bill of Rights consists of the ten amendments added to the Constitution in 1791, as supporters of the constitution had promised critics during the debates of 1788. The English Bill of Rights (1689) was an inspiration for the American Bill of Rights. For example, both require jury trials, contain a right to keep and bear arms, and prohibit excessive bail as well as "cruel and unusual punishments." Many liberties protected by state constitutions and the Virginia Declaration of Rights were incorporated into the United States Bill of Rights.
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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 re-examined in any court of the United States, than according to the rules of the common law.
8. Eighth Amendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
9. Ninth Amendment: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
10. 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.
Source of the Bill of Rights: To some degree, the Bill of Rights (and the American Revolution) incorporated the ideas of John Locke, who argued in his 1689 work Two Treatises of Government that civil society was created for the protection of property (Latin proprius, or that which is one's own, meaning "life, liberty, and estate"). Locke also advanced the notion that each individual is free and equal in the state of nature. Locke expounded on the idea of natural rights that are inherent to all individuals, a concept Madison mentioned in his speech presenting the Bill of Rights to the 1st Congress. Locke's argument for protecting economic rights against government may have been most salient to the framers of the Amendments; quartering and cruel punishments were not the current abuses of 1791. http://en.wikipedia.org/wiki/United_States_Bill_of_Rights#cite_note-19
Common Law
7th Amendment “Common Law”
Seventh Ammendment refers to a safe body of what the author called Common Law: This safe body of common law was meant to protect all of our Bill of Rights including the 4th amendment right of the people to be secure in their persons, houses, papers, and effects. Historically [until the counter culture revolution] this body of common law did a pretty good job of informing courts at all levels as well as state and local governments about our rights each citizen is to enjoy. We were free to speak, own firearms, go to any church of our choice who did not pay taxes, supported our church with deductions from our taxes. We were free to own and protect our properties or real estate and the government helped protect us with local police forces who worked for the people. That protection however was limited by misapplication of the 5th amendment which in fact gave super citizenship rights to criminals. Police and armed forces themselves enjoyed historical protection from injury when they faithfully did their duty but this again has been set aside to favor the super rights of our criminal neighbor by misapplication of the 5th amendment.
Common Law: is law created and refined by judges: a decision in a currently pending legal case depends on decisions in previous cases and affects the law to be applied in future cases. When there is no authoritative statement of the law, judges have the authority and duty to make law by creating precedent. The body of precedent is called "common law" and it binds future decisions. In future cases, when parties disagree on what the law is, an idealized common law court looks to past precedential decisions of relevant courts. If a similar dispute has been resolved in the past, the court is bound to follow the reasoning used in the prior decision (this principle is known as stare decisis). If, however, the court finds that the current dispute is fundamentally distinct from all previous cases, it will decide as a "matter of first impression." Thereafter, the new decision becomes precedent, and will bind future courts under the principle of stare decisis. http://en.wikipedia.org/wiki/Common_law
Historical Note: This is how slavery was finally outlawed and all of our rights of full citizenship were guaranteed for all as Martin Luther King dreamed. Later this was misapplied to some in the current decades who want to enjoy super citizen rights over the rest of America. We see this first being misapplied in the case of some women wanting the freedom to kill unwanted babies. http://en.wikipedia.org/wiki/Abortion
Stare Decisis
Stare decisis: is the legal principle under which judges are obligated to follow the precedents established in prior decisions. In the United States, which uses a common law system in its federal courts and most of its state courts. http://en.wikipedia.org/wiki/Stare_decisis
Our Current Elected Official Swore to
Defend These Words Feb 13, 2009
Are They Doing Their Job?
Presidential Oath of Office: The oath of office of the President of the United States is an oath or affirmation required by the United States Constitution before the President begins the execution of the office. The wording is specified in Article Two, Section One, Clause Eight:
"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States." http://en.wikipedia.org/wiki/Oath_of_office_of_the_President_of_the_United_States 4/11/2009 10:50 AM.
Congressional Oaths
The oath of office required by the sixth article of the Constitution of the United States, and as provided by section 2 of the act of May 13, 1884 (23 Stat. 22), to be administered to Members,Resident Commissioner, and Delegates of the House of Representatives,the text of which is carried in 5 U.S.C. 3331:
‘‘I, AB, do solemnly swear (or affirm)
that I will support and defend
the Constitution of the United
States against all enemies, foreign
and domestic; that I will bear true
faith and allegiance to the same;
that I take this obligation freely,
without any mental reservation or
purpose of evasion; and that I will
well and faithfully discharge the
duties of the office on which I am
about to enter. So help me god.’’
has been subscribed to in person and
filed in duplicate with the Clerk of the
House of Representatives by the following
Member of the 111th Congress,
pursuant to the provisions of 2 U.S.C.
25:
http://www.law.cornell.edu/uscode/uscode05/usc_sec_05_00003331----000-.html
Freedom Loving Blogs:
http://www.heritage.org/
http://blatherings.blog.com/
http://www.rightpundits.com/?p=2284
http://www.marklevinshow.com/
http://www.thefoxnation.com/
Glen Beck's 912 Coalition
http://site.the912coalition.org/the-912-project.html
http://www.campus-watch.org/
Not for Everyone
Rush and Don Imus in the Morning
http://www.wabcradio.com/article.asp?id=531472
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