Wednesday, September 29, 2010

The Bill of Fights: Constitution Day inspires reflection

The United States Constitution is one of the most influential documents in the history of the world.
It’s been used as a template that has led to better lives for millions all over the globe.
This Friday, Sept. 17, celebrates the day 223 years ago that the document was signed by a bunch of radicals we now call by the more noble and austere appellation: The Founding Fathers.
These fellows put together a pretty neat little package. Liberty is the concept that was most important to them, even if it did take a few centuries for all humans on this soil to achieve the rights called for in revolutionary times.
The articles of the Constitution outline a method of government we all live by, the stuff we learned in high school civics class.
These are not oft debated. If they are, it’s usually by lawmakers with minds for minutia.
But if you wanna see a fight, start talking about the Bill of Rights.
Or the Bill of Fights, if you will.
Debate is healthy for the republic. It’s how we reshape those ideas for our own good and prosperity every generation. The fact that the founding radicals isolated topics we’re still arguing about 200 plus years later proves its relevance.
The Bill of Fights has stood up remarkably well over time. There are only a few rooms that need to be shut off from the rest of the house because of mold. And maybe a couple cracked windows.
Let’s take a look:
1. 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 is number one for a reason. The only way to be free is if people aren’t messing with you for your beliefs, or what you want to say or write in the newspaper. Give government too much power, the people are miserable. Giving people the power keeps them on their toes.
2. 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.
Well. Hmm. Do we really need citizen militias anymore? Not really. Our way of life has certainly changed since America was a wilderness in the 1770s. I’m going with the logic that if it’s OK for the government to have nuclear missiles, it’s OK for the average citizen to own a shotgun to go grouse hunting with. Or, a handgun to protect themselves. But, it’s when the right is abused by folks who think regular life is a warzone that it becomes frightening. This ain’t the Wild West anymore.
3. 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.
I’m thankful that we haven’t had a major war on American soil in a long, long time. If we ever do, this could apply. Until then, if anyone comes knocking on my door in military dress, it better be Halloween.
4. 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 whole “probable cause” thing has most likely caused police and attorneys countless headaches. Good. No one should have the power to arbitrarily go through your junk, even if the junk is against the law. If we don’t follow along with stuff like this, then we’re liable to start goose-stepping our way down the path of history.
5. 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 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.
There’s always a moment in gangster movies when the criminals “plead the Fifth.” It’s so they don’t have to talk smack about themselves. Just one more protection for liberty.
6. 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 defence.
Without this amendment, the State could theoretically keep you imprisoned for long periods of time without a judgment ever being passed, which is, of course, a judgment of its own.
7. 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.
Twenty bucks, eh. That was probably what someone made in a whole year back then ... or a newspaperman’s salary now.
8. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Death isn’t unusual -- it happens to us all -- but it is pretty cruel. The death penalty is just one of those things that will be argued until the end of time.
And here are your last two amendments:
9. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
10. 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.
Debate them, ponder them, just try to keep the fights clean.
And have a Happy Constitution Day!

No comments:

Post a Comment