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When I think of civil rights, I think of the bill of rights. The bill of rights are the 1st ten amendments to the constitution of the United States. The founding fathers built the foundation of our individual rights when they created the bill of rights. Although they have often been misinterpreted, one only needs to read the records of their debates to know their intent. I’ve listed them below and a discussion after each.
- 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.
- The founders were not anti-religion, they believed in god and wanted to prevent religious doctrine from interfering or stepping into our daily lives via government as it had in Europe. They did not envision the current interpretation of no statement about god in government. This is the “Newdowing” of government. It isn’t and wasn’t the intent of this amendment. At some point, this will be challenged and the current interpretation will be overturned. Please note that the 1st amendment does not state no mention of god or religions epitaph is against the constitution.
- 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.
- The right to keep and bear arm is an individual right. This is the right that allows the citizens to protect themselves from an oppressive government. In the founding fathers debates they explicitly crafted this right to protect the arms that allowed them to overthrow the government that did not represent them. They intended to protect the individual and the gathering (Militia). They believed both were necessary to allow future citizens to throw off a repressive government should that be necessary.
- 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.
- King George regularly housed soldiers in private citizens homes. This has also occurred all the way through this century by repressive governments. It has never been allowed in our country.
- Amendment IV: 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.
- We cannot be searched with our probable cause and with the permission of a judge (for our homes and offices). The founding fathers wanted to protect us from the abuses of a government gone crazy. This right prevents government officials from exploratory searches of our properties and from the harassment this would allow. Many countries allow this kind of citizen abuse.
- Amendment V: 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.
- The 5th amendment provides a group of protections of our life, liberty and property. We cannot be tried twice for the same crime. We cannot be forced to give witness against ourselves. We are entitled to due process and our property cannot be taken for public use without just compensation. These rights prevent a menu of abuses that were common in Europe and remain common to this day in dictatorships or authoritarian governments.
- 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.
- The right to speedy trial prevents a person from being held in jail for a long period without a just resolution of the issue. In England and else where many prisoners were held without the opportunity to a trial. Our founding fathers wanted swift and fair justice without abuse by bureaucrats or government officials.
- Amendment VII: 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.
- The 7th provides for the right to trial by jury of our peers. The founders believed that the citizens of this country were the ultimate protection for each other. This right guaranteed that neither judges nor legislators would be able to interfere with the delivery of justice.
- Amendment VIII: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
- The founders intended to prevent torture and fines from being used as punishment. They feared torture as a tool of government and believed that wealth could be stolen inappropriately by unjust officials of the government.
- Amendment IX: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
- The founders found it necessary to remind future generation that , “Every right not enumerated in the constitution is a right retained by the people”.
- 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.
- The founders wanted to make it clear the states had a role in governing and that the “The states rights and responsibilities include everything not specifically ascribed to the Federal Government. The federal government has clearly expanded its role far beyond the vision of the founders. The interstate commerce clause has been abused to allow this extension of the federal government role.
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