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The Bill of Rights

The Bill of Rights plays a central role in American law and government. It is the fundamental symbol of our basic freedoms and culture of our great nation. A Congressman vows to uphold the Bill of Rights and the Constitution, as does the President.

I am well aware that there is movement to hold hearings and possible impeachment proceedings if the Democrats take control of the House. I believe that investigations are necessary whether or not the Democrats take control.

Our system of government has a process of “Checks and Balances.” It is the right and the responsibility of each branch of the government to oversee the other branch and ensure they are not doing anything illegal. If allegations are made that warrant suspicion, by law we must investigate and take the appropriate action as the facts present themselves.

We must remember that no one is above the law and that those in Congress owe it to our constituents to uphold the law.

For each amendment in the Bill or Rights I have added “My take” for how I see the current administration and Congress is upholding (or not) these basic rights.

• First Amendment
• Second Amendment
• Third Amendment
• Fourth Amendment
• Fifth Amendment
• Sixth Amendment
• Seventh Amendment
• Eighth Amendment
• Ninth Amendment
• Tenth Amendment
  

Amendments

1. First Amendment – Freedom of speech, press, religion, peaceable assembly, and to petition the government.
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.

We should be aware of things that are not spoken. These include, but are not limited to:

• The Sunburn missile capabilities if it is deployed as commonly mentioned in various web messages.
• Intelligence gathering of the US seems to be lacking in buildup to the Iraq War as a for instance.
• The lack of discussion of NASCO, the corridor trade route from Mexico to Canada which seems to be a done deal although few people are aware of it.
• Uranium supply in the world as Mr. Bush wants India and others to go for nuclear power, but does nothing to find the source of uranium which seems to be Australia while China is there tying up options which has run the price from $10 per pound to near $50 in just two years, and when demand really takes off to maybe ten times that.

On January 20, 2001, shortly after his inauguration, President George W. Bush broke his oath to uphold the U.S. Constitution when he declared that religion "will have an honored place in our plans and laws." This act set the tone for his administration and the Congress.

My take: The First Amendment provides for the separation of church and state because the authors had determined that the best way to ensure religious freedom was to keep government out of religion and religion out of government.

This separation may bother those deeply religious backgrounds, but it is not meant to. People of faith and people who do not ascribe to any organized faith can share ethical values which are what we need to effectively legislate.

On May 30, 2006, the Supreme Court scaled back protections for government workers who blow the whistle on official misconduct. Justices said the 20 million public employees do not have free-speech protections for what they say as part of their jobs. Critics predicted the impact would be sweeping, from silencing police officers who fear retribution for reporting department corruption, to subduing federal employees who want to reveal problems with government hurricane preparedness or terrorist-related security. Supporters said that it will protect governments from lawsuits filed by disgruntled workers pretending to be legitimate whistle blowers.

My take: Under U.S. law, a whistle blower is an employee who "tells" on an employer because he or she reasonably believed that the employer committed an illegal act.

The fact that the Supreme Court, under George W. Bush’s watch, decided that this does not apply to government employees not only goes against the First Amendment, but goes against the Checks and Balances articles of the Constitution.

Mr. Bush has created an environment where it is not permissible to question our leaders (especially himself), and as such, has rendered our Congress ineffective and placed fear in lower ranking officials keeping them from stepping up and making things right.

We need to address this issue and provide protection for government officials or employees who have legitimate information of illegal operations. We need this protection so these witnesses don’t unexpectedly “disappear” and ensure our legislature makes use of the checks and balances provisions that are in place.

Over the past six years, the news has been peppered about citizens being ejected or excluded from their own town hall meetings if they wore t-shirts or had bumper stickers with opposing views to the president.

My take: Though not directly spoken by Administration officials from what I can find, From Cindy Sheehan to nameless citizens kept from local town hall meetings, we are seeing reports of people not able to express their support or dismay for current administration or ideology and kept participating in public events. This was obviously done to keep “opposing” influences or possibly embarrassing questions from being addressed.

It is not only a right of our citizens, but a responsibility of our citizens to question and express their views; whether these views are in line with our own or opposing.

I would propose legislation that prohibits this type of restriction. Pre-screening of questions should be prohibited. Our leaders must be able to respond to any and all questions from its constituents without influence and this should apply to the members of the press as well.

Reports of journalist being told they cannot run hard-hitting stories because they could lose their job if they show the administration (specifically George Bush) or Congress in a negative light is a direct violation of our free press right.

My take: It is obvious that the influence of this Administration is undermining our ability to provide timely and accurate information from the press. How can we have a free press with this type of influence? The press must have the ability to question our leaders without fear of retribution. How else can we restore the credibility of our government with the people of the United States and the world?

 

2. Second Amendment – Right for the people to keep and bear arms, as well as to maintain a militia.
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.

My take: I am a card carrying member of the NRA. I know that enacting new laws will not make a difference with regard to gun control. We do need to enforce current laws and make parents more responsible for in-home firearms.

3. Third Amendment – Protection from quartering of troops.
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.

My take: This amendment is not widely used in current litigation. For obvious reasons, this amendment had importance at the time of our founding fathers, but is lost in today society here in our nation.

4. Fourth Amendment – Protection from unreasonable search and seizure.
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.

My take: The architects of this great document lived in a time when the technology was not as advanced. Therefore the wording of this amendment is directed at physical artifacts and structures. However, the inherent meaning and what we have generally come to expect by this right is our right of privacy.

The legal right of privacy of electronic communications is grounded in interpretations of the Fourth Amendment. When we make phone calls or send e-mails, we have an expected level of privacy and a contract with those providers of such technology to help protect that privacy.

Warrant less wire-taps and data dumps being performed even under the guise of protecting us from the terrorists are not legal. The Supreme Court has affirmed that the president must obtain a warrant. The FISA Courts are set up to handle this and warrants can be obtained 72 hours retroactively if a wiretap was done quickly.

5. Fifth Amendment – Due process, double jeopardy, self-incrimination, private property.
No person shall be held to answer for any 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.

My take: After World War II, we tried many people for war crimes from both Germany and Japan. These people were given their due process even though they were not American citizens and were truly guilty of heinous acts of terror. These people were held with full knowledge for what they were accused. We followed all rights as detailed by the Geneva Conventions of which we signed and agreed to uphold.

In my opinion, it is a travesty to turn our backs on our commitments to international law. Each person should be given advised as to why they are being held and given their day in court. Continue with the Sixth Amendment.

6. Sixth Amendment – Trial by jury and other rights of the accused.
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.

My take: Continuing the discussion from the Fifth Amendment, I believe that each person must be given a fair and speedy trail. This should include all enemy combatants. The Supreme Court has ruled that these people should be given their day in court. I return to my belief that we should uphold the Geneva Conventions. Those being held should be advised why they are being held, provided representation then given a trial within a reasonable amount of time. Being held five years in a prison without being charged with anything is not reasonable.

7. Seventh Amendment – Civil trial by jury.
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.

My take: Many civil suits will be tried in the coming years because the government lied about the air quality in New York following the 9/11 disaster. Also, there will no doubt be suits filed by the survivors of the Katrina Disaster as it becomes clearer that the White House had full knowledge of the dikes cracking but allowed the lifting of the evacuation order.

8. Eighth Amendment – Prohibition of excessive bail, as well as cruel and unusual punishment.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

My take: Cruel and unusual punishment? Acts against human dignity? Are these terms so vague that one cannot discern their meaning? We prosecuted the Japanese for water-boarding. Think about it, you are tied to a board, with plastic over your head and turned upside with water being poured over you until you think you are going to drown. Would this not be an act of cruelty and indignity?

The United States Supreme Court advised the president that we must uphold the Geneva Convention. Though Congress rubberstamped President Bush’s agenda for torture and prosecuting enemy combatants, it is my stand that when the Democrats take back the Congress we repeal these bills and reset our standard for fair and descent treatment of detainees and remind the world that we are a fair and democratic society.

9. Ninth Amendment – Protection of rights not specifically enumerated in the Bill of Rights.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

My take: Supposedly, the president has been granted arbitrary powers in time of emergencies and war. President Ronald Reagan said that when it came to dealing with power to “trust but verify.” We (collectively) have “trusted” our President and Congress, but have not verified their acts. There is much to verify and it is necessary to do so. If we are wise, we will return to the doctrine which has guided and served use well these many years, and protect ourselves from dictatorship as well.

10. Tenth Amendment – Powers of states and people
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.

My take: If one were to closely examine Patriot Act II, you would realize that the document represents the same sort of power grab by Hitler after the Reichstag Fire of 1933. It is also important to point out that much of what is contained in Patriot II is not aimed at effectively defending the United States against terrorist, but at curtailing the freedoms of the American people.

Checks and Balances
Below is a summary of the checks and balances as defined in the US Constitution (taken from www.USConstitution.net).

Legislative Branch

• Checks on the Executive
  – Impeachment power (House)
  – Trial of impeachments (Senate)
  – Selection of the President (House) and Vice President (Senate) in the case of no majority of electoral votes
  – May override Presidential vetoes
  – Senate approves departmental appointments
  – Senate approves treaties and ambassadors
  – Approval of replacement Vice President
  – Power to declare war
  – Power to enact taxes and allocate funds
  – President must, from time-to-time, deliver a State of the Union address
• Checks on the Judiciary
  – Senate approves federal judges
  – Impeachment power (House)
  – Trial of impeachments (Senate)
  – Power to initiate constitutional amendments
  – Power to set courts inferior to the Supreme Court
  – Power to set jurisdiction of courts
  – Power to alter the size of the Supreme Court
• Checks on the Legislature - because it is bicameral, the Legislative branch has a degree of self-checking.
  – Bills must be passed by both houses of Congress
  – House must originate revenue bills
  – Neither house may adjourn for more than three days without the consent of the other house
  – All journals are to be published

Executive Branch

• Checks on the Legislature
  – Veto power
  – Vice President is President of the Senate
  – Commander in chief of the military
  – Recess appointments
  – Emergency calling into session of one or both houses of Congress
  – May force adjournment when both houses cannot agree on adjournment
  – Compensation cannot be diminished
• Checks on the Judiciary
  – Power to appoint judges
  – Pardon power
• Checks on the Executive
  – Vice President and Cabinet can vote that the President is unable to discharge his duties

Judicial Branch

• Checks on the Legislature
  – Judicial review
  – Seats are held on good behavior
  – Compensation cannot be diminished
• Checks on the Executive
  – Judicial review
  – Chief Justice sits as President of the Senate during presidential impeachment

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