The Constitution of the United States of America. Our basis of law in this country. Unfortunately, no one really pays attention to it anymore. The powers that be have distorted its meaning. The Clinton family (and I don't mean Bill, Hillary and Chelsea. I mean the "family", like the Gambinos and the Genoveses) told their ignorant followers that by not being thrown out of office during the impeachment they protected the Constitution. Protected? Hell, they used it to wipe their asses! Anyway, many sheeple in the country think they have a constitutional right not to breath cigarette smoke or a constitutional right to free ATM transactions or a constitutional right not to be offended by someone else. Since civics, history and government really isn't being taught anymore, let's take a look at the Bill of Rights, the first ten amendments to the U.S. Constitution. Disclaimer: I am in no way a constitutional scholar. But I know a little bit of this and a little bit of that, so compared to 80% of the population I'm a bloody constitution genius.
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.
This is the biggie. It covers so many topics. Religion. I've covered this in past comments. Basically, we have a freedom of religion, not freedom from it as some would have it. Also notice no language concerning a "separation of church and state." That is a common misconception. Speech. This one has probably been more muddled over time than any other. Here's how this one has turned upside down. Local laws against nude dancing (Well, it's not really dancing. It's more like taking off your clothes and shake your tits.) have been struck down on the basis that being showing your crotch completely nude while horny men give you dollar bills is protected as free expression, a form of speech. I'm not against nude dancing, but it's not speech. Conversely, the current issue-du-jeur in the national media is campaign finance reform. Campaign contributions can easily be construed as political speech (arguably the speech intended to be protected in the first place), but there are plenty of people who want that to be curtailed. Press. The current issue here would be the alternate press of the internet. God bless Matt Drudge, the modern day Walter Winchell.
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.
I've touched on this in the past as well. Notice there's nothing about hunting. We do not have the right to bear arms so we can kill animals. It addresses security. A lot of people get thrown by the militia part. They think that the militia is a current National Guard. No. A militia would be me, you, and our friends and neighbors. Not only should we be concerned with protection from foreign forces, but also from our own government. That's why they wrote this. They just broke away from their ruling British government. They knew about tyranny. They overthrew it. There may come a time to do it again. It'll be kind of tough when only the government forces have the guns.
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.
This one really hasn't been of much use lately. Maybe in the Civil War it came in handy.
AMENDMENT IV : The rights 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.
Well this one's already been shot to hell. Ask the guy who had his land claimed by the imperial federal government in the name of protecting some endangered slug or rare rat about his constitutional rights or the guy who had his cash seized at the airport simply because he was carrying too much of it about his constitutional rights. Then on the other hand, how many times has evidence not been allowed in court because it was gathered without "probable cause"? That can be frustrating. If the cops were a little more careful, perhaps that would happen less often.
AMENDMENT V : No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentiment 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.
On this one, I'll take the fifth. (Get it? Take the fifth? Ha ha ha!!! God, I love constitutional humor!)
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.
Sometimes I wish we, the public, had a right to a speedy trial. The O.J. trial may have been public, but speedy it wasn't. Watch "Rivera Live" some evening. You'd think the trial was still going on. Geraldo will milk that one until Marsha Clark, Johnny Cochran and Lance Ito are all six feet under.
AMENDMENT VII : In suits of 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!?! I wonder what 1791 dollars would be worth in 2000 dollars. If you think hearing your parents and grandparents tell you about how they used to get a Coke for a nickel or a new car for $500, just imagine 200+ years of inflation. James Madison: "When I was your age, I could get a horse, seven bags of grain, three barrels of ale, a night with a whore, and a negro for 30 cents." James Madison, III: "Oh shut up, gramps!"
AMENDMENT VIII : Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.
Well that was short and sweet. I beg to differ with those candlelight vigil, sign carrying, song singing anti-death penalty folks, but the death penalty (enforced via electric chair, lethal injection or gas chamber) is not cruel and unusual punishment. If it was good enough for God, it's good enough for me. They say that the death penalty is not a deterrent. So what? It's a punishment. The convicted criminals have more rights than the victims anymore. The scales are tipped too far in one direction.
AMENDMENT IX : The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
This one sentence is fascinating. Just because a right is not specified in the Constitution does not mean that it does not exist. It's sort of the way for the founding fathers not to have to list every little thing that people can do. The right to wear short pants. The right to sing in the shower. The right to look at pretty women on the street. Basically, if they didn't cover it, your right trumps an assumed prohibition of that right. Here would be the amendment for groups like the right-to-die, gay rights and abortion rights folks. Gee, maybe there is a right to those free ATM transactions.
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.
Ha! Anyone still believe this one still matters? The states have no powers anymore. The people sure as hell don't. Washington has grown so big and so oppressive that states' rights no longer exist. We have gone from a confederation of former colonies to a nation with a strong federal presence to an all-encompassing nanny-state. "You say you want a revolution, well you know..."
And another thing ...