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Jan. 5th, 2003 03:05 am![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
kuangningThe Bill of Rights
(The first Ten Amendments to the Constitution.)
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.
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.
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.
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.
Under the current administration a warrant, and thus the annoyance of probable cause being needed to procure one, seems to be a disposable frivolity.
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 current administration's indefinite detention of civilians without bringing charges against them violates this amendment.
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 current administration's indefinite detention of civilians without bringing charges against them violates this amendment. The denial of counsel to the detained violates this amendment.
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.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others 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.
I consider Amendment Ten to be the one most often encroached upon, and also the one where encroachments are least often noticed or challenged. It is very easy to say, "well, we're not changing the Constitution," but to then quietly slip past some bit of legislation that grants a bit more power here, a little more there, until you have whittled away at all the rights granted here. Every encroachment, if it is not to bring a huge outcry from the population, has to involve Amendment Ten. "We're not taking this power or right from you. We're just providing this department with the power it needs to..." And it sounds good.
Except. Power is not infinite. Every bit given somewhere means that much taken from somewhere else. In this case, every bit given to the government over and above those granted in the Constitution is taken out of the hands of the population. That's not always a bad thing, not always wrong. But it needs to be an informed decision on the part of the population. It cannot be something that the administration got away with because the people did not know the power was supposed to be theirs.
I guess what I'm saying is know your rights. Make sure the people around you do, too. If you never pass on another bit of knowledge, never discuss anything else politically, these documents should be passed on and discussed. It's not subversive, it's necessary.
(The first Ten Amendments to the Constitution.)
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.
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.
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.
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.
Under the current administration a warrant, and thus the annoyance of probable cause being needed to procure one, seems to be a disposable frivolity.
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 current administration's indefinite detention of civilians without bringing charges against them violates this amendment.
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 current administration's indefinite detention of civilians without bringing charges against them violates this amendment. The denial of counsel to the detained violates this amendment.
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.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others 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.
I consider Amendment Ten to be the one most often encroached upon, and also the one where encroachments are least often noticed or challenged. It is very easy to say, "well, we're not changing the Constitution," but to then quietly slip past some bit of legislation that grants a bit more power here, a little more there, until you have whittled away at all the rights granted here. Every encroachment, if it is not to bring a huge outcry from the population, has to involve Amendment Ten. "We're not taking this power or right from you. We're just providing this department with the power it needs to..." And it sounds good.
Except. Power is not infinite. Every bit given somewhere means that much taken from somewhere else. In this case, every bit given to the government over and above those granted in the Constitution is taken out of the hands of the population. That's not always a bad thing, not always wrong. But it needs to be an informed decision on the part of the population. It cannot be something that the administration got away with because the people did not know the power was supposed to be theirs.
I guess what I'm saying is know your rights. Make sure the people around you do, too. If you never pass on another bit of knowledge, never discuss anything else politically, these documents should be passed on and discussed. It's not subversive, it's necessary.
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