The Bill of Rights

I went ahead and added my thoughts on the Bill of Rights to give everyone an understanding how I view things in our nation today. In my last post I explained what I thought about our Republic and what it is. This post explains what I believe that Republic protects. I’ll get into each Amendment in greater detail as I post more. This will give you a general idea of what I think each Amendment means.


Amendment 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.

I take this as the Government cannot make any law preventing people or the media from speaking out against the government, nor can anyone be punished for doing so. The people are allowed to rally against the government without fear of arrest. And lastly the government cannot establish a church of the United States or religion (hence the word establishment). There is nothing about the separation of church and state. The founders didn't want a forced religion. Not a banned manger scene in some town square because its next to a courthouse.

Amendment 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.

This simply states that the people can and have the right to rise up in arms against the government. The people are allowed to Para-military train and the PEOPLE that form these militias are allowed to own guns.

Amendment 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 really don't understand this one. I think it stems from when British soldiers were ransacking people’s homes during the war and demanding food and shelter from the owner. The founders didn't want this again... this could technically fall under the 4th.

Amendment 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.

Basically the government cannot take property or services for no reason what so ever. The word "unreasonable" plays a key role here, and where I think the term probable cause comes from. They are synonymous. Just because a cop thinks you have weed doesn't mean he can just search you, that’s unreasonable. Yet it is reasonable if he sees a bag of pot sticking out of your pocket. Also people should be safe in their homes from the government, unless they are doing something really stupid, and even then the government can't just barge in without a good reason.

Amendment 5 pt. 1: 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;

I'm going to break the 5th up into a few parts because each part has its own meaning. Personally I think it could be two separate amendments, but it can all be tied together as well. The first part means what it says. You don't have to answer any questions to the government. You have the right to remain silent and not agree to any accusations until you are in trial.

Amendment 5 pt. 2:...nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb;

You can't be found innocent, then tried again and found guilty.

Amendment 5 pt. 3: ...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;

All this is why I believe property is a right, not a privilege. The government can't decide to take my house because I didn't pay a tax or because I am noisy. They can however take it after a fair trial. All this stuff you see on Cops when they impound cars, take someone’s gun etc... It’s all done as a violation of property and liberty. People are innocent until proven guilty, not the other way around.

Amendment 5 pt. 4:
…nor shall private property be taken for public use, without just compensation.

Gov't has to pay up if they want your land. Even then if you don't want to sell they can't take it per the previous sentence statute.

Amendment 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 defense.

This amendment guarantees the right to not sit in a prison cell for months on end without being accused of something. It guarantees that the accused will have a quick trial and be told what they are being charged for. It also allows for the accused to have an attorney present for legal assistance before answering any questions as protected by the 5th Amendment.

Amendment 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 reexamined in any court of the United States, than according to the rules of the common law.

Your peers, not the government decide what your verdict is, or is not. This prevents government from just slapping a guilty verdict on everyone that walks thru the court room. The trial has to be fair.

Amendment 8: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

This means the days of torture are over. Punishment must be civil and humane.

Amendments 9 & 10: -
-The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the 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.

The 9th and 10th amendments basically are there to cover the tracks of the first 8. The people have the right to have rights and that whatever the constitution doesn’t tell the government not to do is left to the states or to the people to decide.