Presentation on theme: "THE BILL OF RIGHTS Presented by Amendment Avenger."— Presentation transcript:
THE BILL OF RIGHTS Presented by Amendment Avenger
Paul & the Romans 54AD Magna Charter 1215 Habeas Corpus 1305 British Bill of Rights 1689 Patrick Henry referred to as “Our Ancient Constitutions” HISTORICAL BACKGROUND
Declaration of Independence Recognizes God 4 times and establishes the protection of life, liberty, and property as the FOUNDATION of good government according to contract and consent of the governed. Taxation Without Representation? 17 of 27 grievances. Listed 11x: Abuse of Representative Powers 7x: Abuse of Military Powers 4x: Abuse of Judicial Powers 2x: Inciting Domestic Insurrection
17 September 1787 The day the Constitution was approved in Philadelphia, but it was nothing more than a scrap of paper at that point. It had not been ratified. George Mason would rather “cut off his right hand” than sign it. Why? No bill of rights.
Anti-Federalists Patrick Henry · Samuel Adams · George Mason · Richard Henry Lee, Robert Yates, James Monroe, George Clinton Published the Anti-Federalist Papers Argued FOR a Bill of Rights. Overwhelming government States have Sovereignty “Period of Inattentiveness”
Federalists Published Federalist Papers Hamilton, Madison, Jay, Wilson, G. Morris Argued AGAINST the Bill of Rights: The Written Word can be manipulated The State Constitutions already have a Bill of Rights Any rights not listed could be destroyed Responsible for 9 th and 10 th Amendments WHO WAS RIGHT?.
Results The States sent James Madison 189 Amendments Madison crunched them into 12 Amendments 10 Were approved on DEC 15, 1791 The original “First” was never ratified The original 2 nd was eventually ratified in 1992 as the 27 th
1) Article I: The 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. Religion Speech Press Assembly Petition Separation of Church & State?
2) Article II: The 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. The Militia are Necessary Keep and Carry Firearms Military Might into the people’s hands Vs government Monopoly on Power Who are the Militia?
“Death by Government” 4 times more than ALL wars 292 Million dead in 20 th Century Hitler’s Germany: 22.1 Million Stalin’s Russia: 61.1 Million Mau’s China 78.8 Million Don’t forget: Pol Pot, Idi Amin, Ceauescu, Milošević etc…. Bonus Question: What is the #1 Cause of unnatural death in history? DEMOCIDE Why not in America?
2 nd Amendment Just Icing on the Cake for: The Preamble: 1) Justice 2)Domestic Tranquility 3) Common Defense Article I Sec 8: Clause 15 & 16 1)Laws of the Union 2)Suppress Insurrections 3) Invasion Article IV Sec 4 1) Republican Gov’t 2) Domestic Violence 3) Repel Invasion Congress is actually required to arm you. If they refuse, the states can do it anyway, even without a Second Amendment! Can the Militia call themselves to action to enforce the Constitution?
3) Article III: The 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. Quartering Act: 10,000 Redcoats in your home Building a Barracks is a Legitimate function of government Another Reason for 2 nd Amendment
4) Article IV: The 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. (Liberty vs Security) FRAUD “Privacy” (Person, House, Papers, Effects) Warrants/ Writs of Assistance Probable Cause “USA Patriot Act”? NSA?
5) Article V: The Fifth Amendment 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.
Trial by Jury Due Process Self Incrimination Imminent Domain Drones Strikes? 30,000 in by USA 2017? Federal Regulators shutting down small businesses w/o a law or a day in court? 5) Article V: The Fifth Amendment
6) Article VI: The 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 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. To whom I answered, It is not the manner of the Romans to deliver any man to die, before that he which is accused have the accusers face to face, and have license to answer for himself concerning the crime laid against him. Act 25:16 Festus to King Agrippa concerning Paul after 2yrs in jail.
6) Article VI: The Sixth Amendment In ALL Prosecutions Trial By Jury (Speedy, Public, In State) Accused Challenge your accusers (Habeas Corpus) Counsel / Defense Are FISA Courts Above the Constitution? 1 refusal in over 15,000 warrantless searches SECRET Judges, SECRET Proceedings SECRET Rulings SECRET Interpretation of the Law!!! (What is that?) No Jury, No Oversight since 1978
7) Article VII: The 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.
7) Article VII: The Seventh Amendment Civil Cases (Judge Judy), or Trial by Jury- The only right listed 3 times in the Bill of Rights Jury Nullification: The People’s Emergency Vote to overturn Tyrannical Prosecutions and Bad Laws 97% Cases today have No Jury Only 1 of 192 Jury cases result in a Not Guilty verdict
8) Article VIII: The Eighth Amendment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. No Excessive Fines No Torture Police Brutality Enhanced Interrogation Technique “Resisting Arrest” Congress gives permission to CIA torture? Outsourcing torture? A Government that abuses you is CRIMINAL
9) Article IX: The Ninth Amendment The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Catch-All for all other rights not listed If there is no law, people do not need permission to act
10) Article X: The 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. Feds: If it’s not on the list, The Answer is NO State Sovereignty Nullification Rights vs Powers Rights are individuals Power is for groups GROUP RIGHTS? Individual Power?
What is a RIGHT Anyway? A sanction of independent action Sanction = Authoritative Permission Permission from who? Their SOURCE determines their NATURE Are they: Intrinsic/ Hard Wired? From God? Earned in the Battlefield? Or Gifts from Government?
Declaration of Independence: …they are endowed by their Creator with certain unalienable Rights… to secure these rights, Governments are instituted among Men. UN International Covenant on Economic, Social and Cultural Rights, Article 4: …in the enjoyment of those rights provided by the State in conformity with the present Covenant, the State may subject such rights only to such limitations as are determined by law… Vs
Article I Forbidden to all government DECLARATORY AND RESTRICTIVE Ex post Facto Laws Unapportion tax (must be backed by Census) Taxes on exports No Titles of Nobility or Foreign Offices Suspension of Habeas Corpus (Invasion or Rebellion) Bill of Attainder States engage in war with other states unless invaded Bills of credit or paper money (Only gold and silver) Spending Money without a Law Corruption of Blood
Summary Bill of Rights 1) Religion, Speech, Press, Assembly, Petition 2) Militia, Keep & Bear Arms 3) No Quartering of Soldiers w/o Permission 4) Security, Privacy, Warrants for Searches & Seizures 5)Trial by Jury, Due Process 6)Trial by Jury, Accused, Challenge Accusers, Seek Counsel 7)Trial by Jury, in all civil cases 8) No Excessive Fines, No Torture 9) All other Rights, NO permission required for citizen action 10) State Sovereignty: Nullification. If its not on the list or, the States say no. Feds need permission for EVERYTHING
The Deal by which the States Confederated 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: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution. Preamble How does the government earn our trust?