For those who have never read it, here is the Bill of Rights from our Constitution. Pay attention because all of these rights are being slowly eroded because people don't realize what they are.
The first ten amendments are "declaratory and restrictive clauses". This means they supersede all other parts of our Constitution and restrict the powers of our Constitution.
The Bill of Rights is separate from the other amendments. The Bill of Rights is a declaration of restrictions to the powers of our Constitution. The Bill of Rights restricts the Constitution. The Constitution restricts the powers of government. The deception is that the government can interpret the all of the amendments and the Constitution itself. Without the presence of the Preamble to the Bill of Rights this may be a valid argument.
You can see how that might be rather threatening to some people who aren't too fond of freedom. They do a pretty good job of keeping it obscure, but if you look at an original copy of the document, there it is . . .
Thanks to Philip Piner for reminding me of the importance of the preamble.
Note: It has been established by the Supreme Court the the phrase "the people" refers to "the individual citizen" and not the the collective body or the state. However, when it comes to the 2nd article people conveniently forget that fact.
Preamble
Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.
THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: [italics are mine] And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.
RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.
ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.
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.
No where in here is the display of
religious material, principals, or the
observance of a religious holiday on public or government property prohibited.
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.
What part of "the people" and "not infringed" don't you understand?
No soldier shall, in time of peace may 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.
Self explanatory.
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.
Nothing here says the
"authorities" have the power to search or seize your property
because they either just want it or because they think you MAY be a
suspicious person.
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.
Nothing here says the government can accuse you of a crime because they want something from you, make laws criminalizing you after the fact, increase penalties or deny rights after the completion of a sentence, nor seize your property because they want to sell it to be able to collect more taxes from the new owner or because the "think" you may be a "bad" person.
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.
Self explanatory.
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.
Twenty dollars was a lot of money
in those days. (Somewhere between $500 and $7,000 in today's
money-depending
on the index you use.) The intent being to
eliminate frivolous actions, which sure doesn't happen these days.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Self explanatory. But the courts just don't get it.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
This is routinely ignored by the government. If they want something they just make an executive order taking away rights, in contravention to the Constitution.
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 is the most ignored
article. The federal government has no authority to take things or
matters into their own hands that they are not specifically empowered to do in
the Constitution.
For a modern translation of the Bill of Rights that makes it very clear what is what, click here. Maybe the Founding Father's should have used simpler language.
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No disclaimer necessary. This is our Bill or Rights
Updated 2008-01-15