Jump to content

bill of rights


lord_casek

Recommended Posts

this is important, and with a new study showing that more people know

the simpsons characters than the first four amendments to our constitution, i think it's pretty important.

 

learn it, memorize it. we may not have too much longer before we lose it.

 

 

* 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.

 

* Second Amendment – Right to keep and bear arms.

 

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.

 

* 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.

 

* 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.

 

* Fifth Amendment – Due process, double jeopardy, self-incrimination, private property.

 

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.

 

* 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.

 

* 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.

 

* Eighth Amendment – Prohibition of excessive bail, as well as cruel or unusual punishment.

 

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

 

* 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.

 

* 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.

 

discuss.

Link to comment
Share on other sites

This forum is supported by the 12ozProphet Shop, so go buy a shirt and help support!
This forum is brought to you by the 12ozProphet Shop.
This forum is brought to you by the 12oz Shop.

these are also very important for anyone who supports decentralization, state sovereignty, jeffersonian democracy and the anti federalist tradition.

 

Virginia Resolution 1798

RESOLVED, That the General Assembly of Virginia, doth unequivocably express a firm resolution to maintain and defend the Constitution of the United States, and the Constitution of this State, against every aggression either foreign or domestic, and that they will support the government of the United States in all measures warranted by the former.

 

That this assembly most solemnly declares a warm attachment to the Union of the States, to maintain which it pledges all its powers; and that for this end, it is their duty to watch over and oppose every infraction of those principles which constitute the only basis of that Union, because a faithful observance of them, can alone secure it's existence and the public happiness.

 

That this Assembly doth explicitly and peremptorily declare, that it views the powers of the federal government, as resulting from the compact, to which the states are parties; as limited by the plain sense and intention of the instrument constituting the compact; as no further valid that they are authorized by the grants enumerated in that compact; and that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.

 

That the General Assembly doth also express its deep regret, that a spirit has in sundry instances, been manifested by the federal government, to enlarge its powers by forced constructions of the constitutional charter which defines them; and that implications have appeared of a design to expound certain general phrases (which having been copied from the very limited grant of power, in the former articles of confederation were the less liable to be misconstrued) so as to destroy the meaning and effect, of the particular enumeration which necessarily explains and limits the general phrases; and so as to consolidate the states by degrees, into one sovereignty, the obvious tendency and inevitable consequence of which would be, to transform the present republican system of the United States, into an absolute, or at best a mixed monarchy.

 

That the General Assembly doth particularly protest against the palpable and alarming infractions of the Constitution, in the two late cases of the "Alien and Sedition Acts" passed at the last session of Congress; the first of which exercises a power no where delegated to the federal government, and which by uniting legislative and judicial powers to those of executive, subverts the general principles of free government; as well as the particular organization, and positive provisions of the federal constitution; and the other of which acts, exercises in like manner, a power not delegated by the constitution, but on the contrary, expressly and positively forbidden by one of the amendments thererto; a power, which more than any other, ought to produce universal alarm, because it is levelled against that right of freely examining public characters and measures, and of free communication among the people thereon, which has ever been justly deemed, the only effectual guardian of every other right.

 

That this state having by its Convention, which ratified the federal Constitution, expressly declared, that among other essential rights, "the Liberty of Conscience and of the Press cannot be cancelled, abridged, restrained, or modified by any authority of the United States," and from its extreme anxiety to guard these rights from every possible attack of sophistry or ambition, having with other states, recommended an amendment for that purpose, which amendment was, in due time, annexed to the Constitution; it would mark a reproachable inconsistency, and criminal degeneracy, if an indifference were now shewn, to the most palpable violation of one of the Rights, thus declared and secured; and to the establishment of a precedent which may be fatal to the other.

 

That the good people of this commonwealth, having ever felt, and continuing to feel, the most sincere affection for their brethren of the other states; the truest anxiety for establishing and perpetuating the union of all; and the most scrupulous fidelity to that constitution, which is the pledge of mutual friendship, and the instrument of mutual happiness; the General Assembly doth solemenly appeal to the like dispositions of the other states, in confidence that they will concur with this commonwealth in declaring, as it does hereby declare, that the acts aforesaid, are unconstitutional; and that the necessary and proper measures will be taken by each, for co-operating with this state, in maintaining the Authorities, Rights, and Liberties, referred to the States respectively, or to the people.

 

That the Governor be desired, to transmit a copy of the foregoing Resolutions to the executive authority of each of the other states, with a request that the same may be communicated to the Legislature thereof; and that a copy be furnished to each of the Senators and Representatives representing this state in the Congress of the United States.

 

Agreed to by the Senate, December 24, 1798.

 

 

 

Kentucky Resolution

 

THE representatives of the good people of this commonwealth in general assembly convened, having maturely considered the answers of sundry states in the Union, to their resolutions passed at the last session, respecting certain unconstitutional laws of Congress, commonly called the alien and sedition laws, would be faithless indeed to themselves, and to those they represent, were they silently to acquiesce in principles and doctrines attempted to be maintained in all those answers, that of Virginia only excepted. To again enter the field of argument, and attempt more fully or forcibly to expose the unconstitutionality of those obnoxious laws, would, it is apprehended be as unnecessary as unavailing.

 

We cannot however but lament, that in the discussion of those interesting subjects, by sundry of the legislatures of our sister states, unfounded suggestions, and uncandid insinuations, derogatory of the true character and principles of the good people of this commonwealth, have been substituted in place of fair reasoning and sound argument. Our opinions of those alarming measures of the general government, together with our reasons for those opinions, were detailed with decency and with temper, and submitted to the discussion and judgment of our fellow citizens throughout the Union. Whether the decency and temper have been observed in the answers of most of those states who have denied or attempted to obviate the great truths contained in those resolutions, we have now only to submit to a candid world. Faithful to the true principles of the federal union, unconscious of any designs to disturb the harmony of that Union, and anxious only to escape the fangs of despotism, the good people of this commonwealth are regardless of censure or calumniation.

 

Least however the silence of this commonwealth should be construed into an acquiescence in the doctrines and principles advanced and attempted to be maintained by the said answers, or least those of our fellow citizens throughout the Union, who so widely differ from us on those important subjects, should be deluded by the expectation, that we shall be deterred from what we conceive our duty; or shrink from the principles contained in those resolutions: therefore.

 

RESOLVED, That this commonwealth considers the federal union, upon the terms and for the purposes specified in the late compact, as conducive to the liberty and happiness of the several states: That it does now unequivocally declare its attachment to the Union, and to that compact, agreeable to its obvious and real intention, and will be among the last to seek its dissolution: That if those who administer the general government be permitted to transgress the limits fixed by that compact, by a total disregard to the special delegations of power therein contained, annihilation of the state governments, and the erection upon their ruins, of a general consolidated government, will be the inevitable consequence: That the principle and construction contended for by sundry of the state legislatures, that the general government is the exclusive judge of the extent of the powers delegated to it, stop nothing short of despotism; since the discretion of those who adminster the government, and not the constitution, would be the measure of their powers: That the several states who formed that instrument, being sovereign and independent, have the unquestionable right to judge of its infraction; and that a nullification, by those sovereignties, of all unauthorized acts done under colour of that instrument, is the rightful remedy: That this commonwealth does upon the most deliberate reconsideration declare, that the said alien and sedition laws, are in their opinion, palpable violations of the said constitution; and however cheerfully it may be disposed to surrender its opinion to a majority of its sister states in matters of ordinary or doubtful policy; yet, in momentous regulations like the present, which so vitally wound the best rights of the citizen, it would consider a silent acquiesecence as highly criminal: That although this commonwealth as a party to the federal compact; will bow to the laws of the Union, yet it does at the same time declare, that it will not now, nor ever hereafter, cease to oppose in a constitutional manner, every attempt from what quarter soever offered, to violate that compact:

 

AND FINALLY, in order that no pretexts or arguments may be drawn from a supposed acquiescence on the part of this commonwealth in the constitutionality of those laws, and be thereby used as precedents for similar future violations of federal compact; this commonwealth does now enter against them, its SOLEMN PROTEST.

 

Approved December 3rd, 1799.

Link to comment
Share on other sites

Fascinating Facts about the U.S. Constitution

 

The U.S. Constitution has 4,440 words. It is the oldest and the shortest written constitution of any government in the world.

 

Of the typographical errors in the Constitution, the misspelling of the word “Pensylvania� above the signers’ names is probably the most glaring.

 

Thomas Jefferson did not sign the Constitution. He was in France during the Convention, where he served as the U.S. minister. John Adams was serving as the U.S. minister to Great Britain during the Constitutional Convention and did not attend either.

 

The Constitution was “penned� by Jacob Shallus, a Pennsylvania General Assembly clerk, for a fee of $30 ($280.72 today). It was stored in various cities until 1952, when it was placed in the National Archives Building in Washington, D.C. During the daytime, pages one and four of the document are displayed in a bullet-proof case. The case contains helium and water vapor to preserve the paper’s quality. At night, the pages are lowered into a vault, behind five-ton doors that are designed to withstand a nuclear explosion. The entire Constitution is displayed only one day a year—September 17, the anniversary of the day the framers signed the document.

 

The Constitution does not set forth requirements for the right to vote. As a result, at the outset of the Union, only male property-owners could vote. African Americans were not considered citizens, and women were excluded from the electoral process. Native Americans were not given the right to vote until 1924.

 

James Madison, “the father of the Constitution,� was the first to arrive in Philadelphia for the Constitutional Convention. He arrived in February, three months before the convention began, bearing the blueprint for the new Constitution.

 

Of the forty-two delegates who attended most of the meetings, thirty-nine actually signed the Constitution. Edmund Randolph and George Mason of Virginia and Elbridge Gerry of Massachusetts refused to sign due in part to the lack of a bill of rights.

 

When it came time for the states to ratify the Constitution, the lack of any bill of rights was the primary sticking point.

 

The Great Compromise saved the Constitutional Convention, and, probably, the Union. Authored by Connecticut delegate Roger Sherman, it called for proportional representation in the House, and one representative per state in the Senate (this was later changed to two.) The compromise passed 5-to-4, with one state, Massachusetts, “divided.�

 

Patrick Henry was elected as a delegate to the Constitutional Convention, but declined, because he “smelt a rat.�

 

Because of his poor health, Benjamin Franklin needed help to sign the Constitution. As he did so, tears streamed down his face.

 

Gouverneur Morris was largely responsible for the “wording� of the Constitution, although there was a Committee of Style formed in September 1787.

 

The oldest person to sign the Constitution was Benjamin Franklin (81). The youngest was Jonathan Dayton of New Jersey (26).

 

When the Constitution was signed, the United States’ population was 4 million. It is now more than 300 million. Philadelphia was the nation’s largest city, with 40,000 inhabitants.

 

A proclamation by President George Washington and a congressional resolution established the first national Thanksgiving Day on November 26, 1789. The reason for the holiday was to give “thanks� for the new Constitution.

 

The first time the formal term “The United States of America� was used was in the Declaration of Independence.

 

It took one hundred days to actually “frame� the Constitution.

 

There was initially a question as to how to address the President. The Senate proposed that he be addressed as “His Highness the President of the United States of America and Protector of their Liberties.� Both the House of Representatives and the Senate compromised on the use of “President of the United States.�

 

James Wilson originally proposed the President be chosen by popular vote, but the delegates agreed (after 60 ballots) on a system known as the Electoral College. Although there have been 500 proposed amendments to change it, this “indirect� system of electing the president is still intact.

 

George Washington and James Madison were the only presidents who signed the Constitution.

 

In November of 1788 the Congress of the Confederation adjourned and left the United States without a central government until April 1789. That is when the first Congress under the new Constitution convened with its first quorum.

 

James Madison was the only delegate to attend every meeting. He took detailed notes of the various discussions and debates that took place during the convention. The journal that he kept during the Constitutional Convention was kept secret until after he died. It (along with other papers) was purchased by the government in 1837 at a price of $30,000 (that would be $404,828.99 today). The journal was published in 1840.

 

Although Benjamin Franklin’s mind remained active, his body was deteriorating. He was in constant pain because of gout and having a stone in his bladder, and he could barely walk. He would enter the convention hall in a sedan chair carried by four prisoners from the Walnut Street jail in Philadelphia.

 

As Benjamin Franklin left the Pennsylvania State House after the final meeting of the Constitutional Convention on September 17, 1787, he was approached by the wife of the mayor of Philadelphia. She was curious as to what the new government would be. Franklin replied, “A republic, madam. If you can keep it.�

 

On March 24, 1788, a popular election was held in Rhode Island to determine the ratification status of the new Constitution. The vote was 237 in favor and 2,945 opposed!

 

The members of the first Congress of the United States included 54 who were delegates to the Constitutional Convention or delegates to the various state-ratifying conventions. The number also included 7 delegates who opposed ratification.

 

Benjamin Franklin died on April 17, 1790, at the age of 84. The 20,000 mourners at his funeral on April 21, 1790, constituted the largest public gathering up to that time.

 

Vermont ratified the Constitution on January 10, 1791, even though it had not yet become a state.

 

The word “democracy� does not appear once in the Constitution.

 

There was a proposal at the Constitutional Convention to limit the standing army for the country to 5,000 men. George Washington sarcastically agreed with this proposal as long as a stipulation was added that no invading army could number more than 3,000 troops!

 

John Adams referred to the Constitution as “the greatest single effort of national deliberation that the world has ever seen� and George Washington wrote to the Marquis de Lafayette that “It (the Constitution) appears to me, then, little short of a miracle.�

 

The Pennsylvania State House (where the Constitutional Convention took place) was where George Washington was appointed the commander of the Continental Army in 1775 and where the Declaration of Independence was signed in 1776. It was also where the Articles of Confederation were adopted as our first constitution in 1781.

 

During an event to celebrate the Constitution’s Sesquicentennial in 1937, Harry F. Wilhelm recited the entire document through the newly added 21st Amendment from memory. He then obtained a job in the Sesquicentennial mailroom!

Link to comment
Share on other sites

Originally posted by Dawood@Mar 15 2006, 10:20 PM

man made laws....

 

 

you don't understand do you?

 

our constitution, our bill of rights

are outlines of the "god given" rights

we are all born with.

 

it's something that every single person

is born with, american or not. that's the

idea our founding fathers were trying to

get through. unfortunately, as time goes

technology evolves, more power comes.

absolute power corrupts, absolutely.

Link to comment
Share on other sites

Originally posted by lord_casek+Mar 16 2006, 02:43 AM--><div class='quotetop'>QUOTE (lord_casek - Mar 16 2006, 02:43 AM)</div><div class='quotemain'><!--QuoteBegin-Dawood@Mar 15 2006, 10:20 PM

man made laws....

 

 

you don't understand do you?

 

our constitution, our bill of rights

are outlines of the "god given" rights

we are all born with.

 

it's something that every single person

is born with, american or not. that's the

idea our founding fathers were trying to

get through. unfortunately, as time goes

technology evolves, more power comes.

absolute power corrupts, absolutely.

[/b]

 

 

I get it, I get it already....founding fathers, my country tis of thee'

red white and blue, anheiser Busch, land of the free, the brave, yeah, yeah, yeah...

 

I just don't buy it.

Don't get me wrong, America is a great place while youre alive,

but after you're dead your American lifestyle will be a proof against you. You might not see it now, but this so called freedom of yours will expose itself to you one day for the miserable prison it really is.

 

edited because I know I sound like a stark raving lunatic in this post, but I don't care.

Link to comment
Share on other sites

dawood: you've mistaken me for someone else.

chill out for a minute. look, i don't drink beer.

i don't think the state of this country at the present

reflects how this country was once seen, and one was.

 

we've let it go. we've let the powers be taken by a bunch of old men.

they want money. they want our freedoms. don't let what it's turned

into fuck with your head. it's still a gret place, but it won't be for very long

if people don't do something about it. this is, afetr all, our country.

 

instead of bashing people, why don't you get off your muslim ass

and do something. educate someone. write letters to our officials.

 

it's our country man, doesn't have to be our war. it certainly isn't mine.

 

our soldiers are even getting fucked over. i heard today that since our govt. is giving out defective level 2 body armor, the soldiers families are paying for and sending their kids level 3 armor, but if they choose to wear the shit their family sent them, they are no longer able to get combat death pay (for their families). another thing, when they are injured and sent to the hospital in germany (forget the name) they are being sent bills for their meals while in the infirmary.

 

yeah, they support our troops.

 

wrong place for that rant, but i don't care. it's fucked up.

Link to comment
Share on other sites

this is the thing. as soon as people realize that the constitution doestn GRANT rights, and was basically created for the protection of private property and inalienable rights, then they will understand what this country is SUPPOSED to be about. the constitution wouldnt of been passed unless a guarantee of a bill of rights was tacked on.

 

the US was founded on the concept of liberty. for shits sake we fought a revolution basically over taxation and a little more than a century later we created the IRS.

 

the way the country is supposed to work, as outlined by the founding fathers, was that of a small limited federal government, providing common defense, coining money, post office, etc. the bill of rights was written solely to tell the feds to keep hands off these issues and that they cannot infringe upon those rights listed. it did not say these are the only rights we have. under the 9th and 10th amendments the powers not delegated to the constitution were to be left to the states and/or the people. this means on social issues, and most other issues, they were left to the states to govern themselves.

 

another thing to note is the bill of rights did not stop the STATES from passing laws infringing upon the rights outlined in the bill of rights. the framers had confidence in the people to govern themselves. the 14th amendment changed it so the basic freedoms of the bill of rights applied to everyone in the US and that no state could infringe upon them. however it was still considered that for example texas could pass a law saying that flag burning was not considered free speech etc.

 

the notion of the founding fathers and red white and blue etc as dawood posted above is one he is confusing with the false patriots of today. true patriotism is a dedication to ones people and country, not its government. which is why someone like thomas jefferson or george mason would be agast at the indoctrination of the pledge of allegiance into the minds of all americans. penned by a socialist, it is nothing more than a pledge to the central government. i still support the pledge to an extent if only out of tradition, but deep down i realize that it is indeed a pledge to the federal government.

 

for instance.. the pro gun group, jews for preservation of firearms suggests this pledge......

 

 

"As the Bill is a fortress against tyranny, I will battle all tyrants.

 

As the Bill protects liberty, I will live free.

 

As the Bill guards rights born within all humanity, I will defend the freedoms of future generations.

 

With my life, my words, and my daily deeds, with a vision of what can be, I honor all of the Bill of Rights for all mankind."

Link to comment
Share on other sites

Originally posted by Dawood@Mar 16 2006, 01:20 PM

man made laws....

hahahaha, this is so rich coming from someone who posts the most inane quotes from the quran about laws and the way people should behave (i msorry dawood but i refuse to believe allah himself picked up a pen and wrote that shit)

 

i'm not an american but i find reading stuff like that and quotes and passages from the founding fathers extremely inspirational. Its so unbelievable ohw highly revered these guys are by all americans but they still elect hypocritical arseholes who act in ways that completely contradict everything america was meant to stand for, seriously though i hate to say it but i think america is past the point of no return the average person is just too stupid for the ocuntry as a whole to regain its prestige and dignity

Link to comment
Share on other sites

your about dead fucking right Yum.

 

walter williams explains it pretty good...

 

"I don't blame only politicians. For the most part, they're only the instruments of a people who have growing contempt for our Constitution. You say, "Hold it, Williams. Now you've gone too far!" Check it out. How many votes do you think a James Madison-type senatorial candidate would get if his campaign theme was something like this: "Elect me to office. I will protect and defend the U.S. Constitution. Because there's no constitutional authority for Congress spending on the objects of benevolence, don't expect for me to vote for prescription drugs for the elderly, handouts to farmers and food stamps for the poor. Instead, I'll fight these and other unconstitutional congressional expenditures"? I'll tell you how many votes he'll get: It will be Williams' vote, and that's it."

Link to comment
Share on other sites

Guest KING BLING
Originally posted by angelofdeath@Mar 16 2006, 04:52 AM

 

another thing to note is the bill of rights did not stop the STATES from passing laws infringing upon the rights outlined in the bill of rights.

 

Perhaps you're missing what the federal government is comprised of - States. The federal government was not meant to be this foreign mother ship, acting only as a machine for the states - it was an agreement to lend some of the control to a greater body to ensure freedom through collective protection. I agree, the government has in places gone way beyond its alloted powers but to say a behavior is banned by the constitution (agreed to by reps from EVERY state) but was meant to be allowed on the state level is not as much of a given as you make it sound. The issue is gray, I disagree with you though...

 

 

 

 

And can we not talk about religion, just once? You do harm and insult to your God by ridiculously running around trying to hit everyone over the head with it...WWMD?

Link to comment
Share on other sites

i am set back that you acknowledge that the states created the fed government and not the other way around. most people dont acknowledge this. impressive.

 

but it is pretty simple. there is no gray area... the 9th and 10th amendments are pretty simple and easy to understand. they are written in plain english. all powers not delegated to the federal government are left to the states... if an issue is to become a federal issue per se, that is what the amending process is for.

 

re-read the ky and va resolutions as well.

and im confused where there is any talk about religion in this thread.

Link to comment
Share on other sites

Guest KING BLING

I agree with you on the 9th and 10th, but I say its a gray area because the constitution would be void if you had it your way. The 1st states "Congress shall make no..." and continues about speech, religion, etc...

 

Now if you are saying that religion should be allowed to be tied to government on the state level because of the way this amendment was written, as apposed to what it was trying to ensure - than you're also saying states should have the right to ban freedom of speech, press, assembly etc...you can't have one without the other. This reality, and the fact that they are all tied up into one amendment tells me that they assumed it would be understood that "Congress" means any government body that signed the document. That would be one hell of a loop hole if I'm wrong...

Link to comment
Share on other sites

Guest KING BLING
Originally posted by angelofdeath@Mar 19 2006, 02:18 PM

i am set back that you acknowledge that the states created the fed government and not the other way around. most people dont acknowledge this. impressive.

 

 

 

Also, I understand the logic of the purist mentality - in fact my Uncle and God ftaher is a proffesor of economics at a purely Libertarian university, so I've heard the arguments. But I think the idea of lessening government to the point of complete simplicity is just not realistic in our day and age. The logic of our foundation has to be interpretted through the ideas of today - this can lead to serious infringments if we aren't careful, but things are more sophisticated than they were. If we were we to revert to the sort of plantation economy with less laws, government support, and regulation I beleive we would be more open to oppression from the private sector than we already are...anwyays...

Link to comment
Share on other sites

Originally posted by KING BLING@Mar 19 2006, 05:44 PM

Now if you are saying that religion should be allowed to be tied to government on the state level because of the way this amendment was written, as apposed to what it was trying to ensure - than you're also saying states should have the right to ban freedom of speech, press, assembly etc...you can't have one without the other.  This reality, and the fact that they are all tied up into one amendment tells me that they assumed it would be understood that "Congress" means any government body that signed the document.  That would be one hell of a loop hole if I'm wrong...

 

 

today, the states are not to pass laws regulating speech, etc.

HOWEVER, pre 14th amendment, the states were allowed to do so. however none did to my knowledge. you must remember the states are the ones who created the federal government. not the other way around. let me illustrate. the VA and KY resolutions. they were drafted after the passing of the Alien and Sedition acts. this basically suppressed dissenting speech against the federal government, and was to be under federal jurisdiciton. who stopped this? the states. james madison the father of the constitution and thomas jefferson penned the VA and KY resolutions which acknowledged something called "nullification." in another words if they feds passed something infringing on the rights of the citizens, the states could nullify it. the conclusion with these resolutions was that the federal government had, in no way, shape, or form, ANY jurisdiction on regulating free speech, etc, and that only the STATES did.

 

the main concern of the framers of our government was not necessarily just government, but CENTRALIZED government, in the form of a strong national government. consolidation had been going on in europe and they just broke away from a monarchy. they did not want to set up another one. even the most ardent federalists (big government types, centralizers compared to the anti federalists)like alexander hamilton wanted decentralization and he would be totally against everything that is going on in the country today.

 

the federal government was to have very few tasks. the sovereign states were to hold most of the "police" powers over the people. instead of simply trusting and relying on the federal government, as is done today, everyone feared it, hence the reason why the states only gave it very very few powers. once you start asking the government to do more than protect your coasts and deliver the mail, your asking for corruption and inefficiency and ultimately tyranny over the people.

 

back to the topic of this thread, we might not even have a constitution or a union of the states like we do today, if it was not for the bill of rights. the bill of rights was the guarantee to the anti federalists the federal government would not pass any laws regulating the items addressed therein.

 

to touch on the religion part of what you said... here is what thomas jefferson said after commenting that the 10th amendment is the foundation of the constitution....

"certainly no power to prescribe any religious exercise or to assume authority in any religious discipline has been delegated to the general [federal] government. It must rest with the states.

he later went on in his tenure in the virginia legislature to push for legislation of morals such as... death penalty for polygamy. and this is coming from the guy who some christian groups in the north were calling the anti christ.

Link to comment
Share on other sites

Originally posted by KING BLING@Mar 19 2006, 06:01 PM

 

 

Also, I understand the logic of the purist mentality - in fact my Uncle and God ftaher is a proffesor of economics at a purely Libertarian university, so I've heard the arguments. But I think the idea of lessening government to the point of complete simplicity is just not realistic in our day and age. The logic of our foundation has to be interpretted through the ideas of today - this can lead to serious infringments if we aren't careful, but things are more sophisticated than they were. If we were we to revert to the sort of plantation economy with less laws, government support, and regulation I beleive we would be more open to oppression from the private sector than we already are...anwyays...

 

i disagree with you there, our founders essentially gave us "laissez faire at home and isolationism abroad" as charley reese puts it. i dont buy into the whole corporate world owning everyone thing... they arent making me or anyone do anything. if you dont want to buy gas, you dont have to buy gas, for example.

James Madison father of the constitution, said...

"I entirely concur in the proprietary of resorting to the sense in which the constitution was accepted and ratified by the nation. in that sense alone it is the legitamate constitution. And if that be not the guide in expounding it, there can be no security for a consistent and stable, more than for a faithful exercise of its powers... what a metamorphosis would be produced in the code of the law if all its ancient phraseology were to be taken in its modern sense."

 

and if your god father teaches at auburn university or is affiliated with the lewrockwell.com gang, i envy you man!

Link to comment
Share on other sites

Originally posted by lord_casek+Mar 19 2006, 06:12 PM--><div class='quotetop'>QUOTE (lord_casek - Mar 19 2006, 06:12 PM)</div><div class='quotemain'><!--QuoteBegin-Lonesome Cowboy Bill@Mar 19 2006, 10:49 PM

all you right-wing folks:

 

 

what is your take on Indian Resrevations and Tribes and how they fit into your image of the constitution and the idea of states rights?

 

 

native americans got fucked. that is my input.

[/b]

 

word

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...