Happy Bill of Rights Day

I had no idea the Bill of Rights had its own Day. As I see it, the BoR should be celebrated, implemented, and judiciously guarded every day of the year. I’m probably hopelessly naive. But, here’s the text which we should hold dear:
The Bill of Rights

The Conventions of a number of the States having, at the time of 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 insure the beneficent ends of its institution;

Resolved, by the Senate and House of Representatives of the United States of America, in Congress assembled, two-thirds of both Houses concurring, that the following articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States; all or any of which articles, when ratified by three-fourths of the said Legislatures, to be valid to all intents and purposes as part of the said Constitution, namely:

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.

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.

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.

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.

-k-
[stags]Politics, Bill of Rights[/stags]

Presented as a Public Service

Presented without any drollery by yours truly, the text of the Bill of Rights, on its 215th birthday:

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.

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 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.

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 defence.

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.

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Amendment #1

The first amendment to the US Constitution reads as follows:

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.1

Note the Congress in the above.

Now, shift to this article entitled FCC’s Martin Speaks Out on Indecency, wherein we find the following gem regarding “ala carte” and/or “family-friendly tier” cable programming:

“The industry needs to do more to address parents’ legitimate concerns,” Federal Communications Commission chairman Kevin Martin told a congressionally sponsored forum. “Something has to be done.”

The industry? I’ve been able to control programming coming into my home from day one; it’s called the remote control. Or, when all else fails, the power button. Maybe these concerned parents should try that. And, last I checked, the FCC is part of the executive, not legislative, branch. Note the forum was “congressionally sponsored”. And, later in the above article, we find this, from a duly elected representative of the people:

Sen. Ted Stevens, R.-Alaska, chair of the Commerce Committee, which is working toward passing anti-indecency legislation, convened the daylong forum in Washington.

[snippage]

“We want to let Congress have a better chance to understand all of the points of view,” Stevens said. He did not say what form legislation might take but said, “Parents have a right to try to protect their children from some of the things they can run into in the media.”

“Congress shall make no law…”, etc. Maybe parents should, well, parent, and accept some responsibility for their parenting actions, instead of looking to the government. “Protect the children” in the above is code for “here goes another one of those pesky rights from the Bill of Rights”; I trust that is axiomatic.

I’ve also subscribed to Susan Crawford’s Blog. She includes the link above, and concludes her observations with an eloquence which this blog ‘o’mine can only dream about:

So here’s what we need: an idealistic, persuasive, charismatic, well-informed mogul of the First Amendment. Someone who isn’t conflicted by client representations or business interests. Someone who can talk to the whole country about the importance of the free flow of speech online and off. Someone who can lead.

Send word if you spot this person on the street or in a meeting.

We need someone like that. Soon.

-k-

1 – Thanks to the Legal Information Institute at Cornell U.

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