Showing posts with label Bill of Rights. Show all posts
Showing posts with label Bill of Rights. Show all posts

Monday, December 15, 2025

The 234th Birthday of what we today are most divided over today: The Bill of Rights

234 years ago today, December 15th, 1791, our states united in ratifying the first ten amendments to the Constitution of the United States of America! How weird is it that many of the individual rights protected by these amendments as being essential to living in liberty - freedom of speech, freedom of the press, freeing religion from government interference - are what We The People are most divided over, and by, today? 

We should all pay especially close attention to the preamble that I've put in bold below - IOW: if our Founders didn't trust govt led by the Founding Fathers themselves... why should we trust the bunch we've got in our government(s) today?!

It's a convenient turn of providence that the first two amendments originally proposed, weren't ratified at the time (one of those two was ratified in the 1990's), because the keeping of government out of religion and its practice, and barring it from tampering with the freedom of speech, the press (which, BTW, doesn't exclude you), the right of the people peaceably to assemble, and to petition the Government for a redress of grievances should be the first set of individual rights protected from abuse by governmental powers (even and especially if the We The People are urging it to 'do something!' about something), followed immediately, as it now is, by the right to keep and bear arms in their defense, as the 1st & 2nd Amendments do. 

If you too would like to see our Bill of Rights enjoy many more birthdays, I strongly suggest that you click the links below, and read some of what was in our Founder's minds, when they proposed, debated, and ratified them.

Proposed Amendments and Ratification
1789 Elliot 1:338--40

Congress of the United States;
Begun and held at the City of New York, on Wednesday, the 4th of March, 1789.

The conventions of a number of the states having, at the time of their 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,--

Articles in Addition to, and Amendment of, the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the Fifth Article of the original Constitution.

Art. I. [Not Ratified] After the first enumeration required by the first article of the Constitution, there shall be one representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall not be less than one hundred representatives, nor less than one representative for every forty thousand persons, until the number of representatives shall amount to two hundred, after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred representatives, nor more than one representative for every fifty thousand.

Art. II. [Not ratified... for two centuries, now the 27th amendment] No law varying the compensation for services of the senators and representatives shall take effect, until an election of representatives shall have intervened.

Art. III.[1st] 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.

Art. IV [2nd]. 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.

Art. V [3rd]. 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 prescribed by law.

Art. VI [4th]. The right of the people to be secure in their persons, houses, papers, effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon principal cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Art. VII [5th]. 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.

Art. VIII [6th]. In all criminal prosecutions, the accused shall enjoy the right of 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.

Art. IX [7th]. 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 reëxamined, in any court of the United States, than according to the rules in common law.

Art. X [8th]. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Art. XI [9th]. The enumeration, in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Art. XII [10th]. 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.

FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the House of Representatives.
JOHN ADAMS, Vice-President of the United States,

and President of the Senate. 
Attest. John Beckley
Clerk of the House of Representatives.
Samuel A. Otis, Secretary of the Senate.
Which, being transmitted to the several state legislatures, were decided upon by them, according to the following returns:--

By the State of New Hampshire.--Agreed to the whole of the said amendments, except the 2d article.
By the State of New York.--Agreed to the whole of the said amendments, except the 2d article.
By the State of Pennsylvania.--Agreed to the 3d, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, and 12th articles of the said amendments.
By the State of Delaware.--Agreed to the whole of the said amendments, except the 1st article.
By the State of Maryland.--Agreed to the whole of the said twelve amendments.
By the State of South Carolina.--Agreed to the whole said twelve amendments.
By the State of North Carolina.--Agreed to the whole of the said twelve amendments.
By the State of Rhode Island and Providence Plantations.--Agreed to the whole of the said twelve articles.
By the State of New Jersey.--Agreed to the whole of the said amendments, except the second article.
By the State of Virginia.--Agreed to the whole of the said twelve articles.
No returns were made by the states of Massachusetts, Connecticut, Georgia, and Kentucky.

The amendments thus proposed became a part of the Constitution, the first and second of them excepted, which were not ratified by a sufficient number of the state legislatures.


The Founders' Constitution
Volume 5, Bill of Rights, Document 12
http://press-pubs.uchicago.edu/founders/documents/bill_of_rightss12.html
The University of Chicago Press
Elliot, Jonathan, ed. The Debates in the Several State Conventions on the Adoption of the Federal Constitution as Recommended by the General Convention at Philadelphia in 1787. . . . 5 vols. 2d ed. 1888. Reprint. New York: Burt Franklin, n.d.

Sunday, December 15, 2024

The 233rd Birthday of what we today are most dived over today: The Bill of Rights

233 years ago today, December 15th, 1791, our states united in ratifying the first ten amendments to the Constitution of the United States of America! How weird is it that many of the individual rights protected by these amendments as being essential to living in liberty - freedom of speech, freedom of the press, freeing religion from government interference - are what We The People are most divided over, and by, today? 

We should all pay especially close attention to the preamble that I've put in bold below - IOW: if our Founders didn't trust govt led by the Founding Fathers themselves... why should we trust the bunch we've got in our government(s) today?!

It's a convenient turn of providence that the first two amendments originally proposed, weren't ratified at the time (one of those two was ratified in the 1990's), because the keeping of government out of religion and its practice, and barring it from tampering with the freedom of speech, the press (which, BTW, doesn't exclude you), the right of the people peaceably to assemble, and to petition the Government for a redress of grievances should be the first set of individual rights protected from abuse by governmental powers (even and especially if the We The People are urging it to 'do something!' about something), followed immediately, as it now is, by the right to keep and bear arms in their defense, as the 1st & 2nd Amendments do. 

If you too would like to see our Bill of Rights enjoy many more birthdays, I strongly suggest that you click the links below, and read some of what was in our Founder's minds, when they proposed, debated, and ratified them.

Proposed Amendments and Ratification
1789 Elliot 1:338--40

Congress of the United States;
Begun and held at the City of New York, on Wednesday, the 4th of March, 1789.

The conventions of a number of the states having, at the time of their 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,--

Articles in Addition to, and Amendment of, the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the Fifth Article of the original Constitution.

Art. I. [Not Ratified] After the first enumeration required by the first article of the Constitution, there shall be one representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall not be less than one hundred representatives, nor less than one representative for every forty thousand persons, until the number of representatives shall amount to two hundred, after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred representatives, nor more than one representative for every fifty thousand.

Art. II. [Not ratified... for two centuries, now the 27th amendment] No law varying the compensation for services of the senators and representatives shall take effect, until an election of representatives shall have intervened.

Art. III.[1st] 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.

Art. IV [2nd]. 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.

Art. V [3rd]. 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 prescribed by law.

Art. VI [4th]. The right of the people to be secure in their persons, houses, papers, effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon principal cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Art. VII [5th]. 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.

Art. VIII [6th]. In all criminal prosecutions, the accused shall enjoy the right of 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.

Art. IX [7th]. 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 reëxamined, in any court of the United States, than according to the rules in common law.

Art. X [8th]. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Art. XI [9th]. The enumeration, in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Art. XII [10th]. 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.

FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the House of Representatives.
JOHN ADAMS, Vice-President of the United States,

and President of the Senate. 
Attest. John Beckley
Clerk of the House of Representatives.
Samuel A. Otis, Secretary of the Senate.
Which, being transmitted to the several state legislatures, were decided upon by them, according to the following returns:--

By the State of New Hampshire.--Agreed to the whole of the said amendments, except the 2d article.
By the State of New York.--Agreed to the whole of the said amendments, except the 2d article.
By the State of Pennsylvania.--Agreed to the 3d, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, and 12th articles of the said amendments.
By the State of Delaware.--Agreed to the whole of the said amendments, except the 1st article.
By the State of Maryland.--Agreed to the whole of the said twelve amendments.
By the State of South Carolina.--Agreed to the whole said twelve amendments.
By the State of North Carolina.--Agreed to the whole of the said twelve amendments.
By the State of Rhode Island and Providence Plantations.--Agreed to the whole of the said twelve articles.
By the State of New Jersey.--Agreed to the whole of the said amendments, except the second article.
By the State of Virginia.--Agreed to the whole of the said twelve articles.
No returns were made by the states of Massachusetts, Connecticut, Georgia, and Kentucky.

The amendments thus proposed became a part of the Constitution, the first and second of them excepted, which were not ratified by a sufficient number of the state legislatures.


The Founders' Constitution
Volume 5, Bill of Rights, Document 12
http://press-pubs.uchicago.edu/founders/documents/bill_of_rightss12.html
The University of Chicago Press
Elliot, Jonathan, ed. The Debates in the Several State Conventions on the Adoption of the Federal Constitution as Recommended by the General Convention at Philadelphia in 1787. . . . 5 vols. 2d ed. 1888. Reprint. New York: Burt Franklin, n.d.

Friday, December 15, 2023

The 232nd Birthday of our Bill of Rights is a weird thing to be divided over. Enjoy!

232 years ago today, December 15th, 1791, our states united in ratifying the first ten amendments to the Constitution of the United States of America! How weird is it that many of the individual rights protected by these amendments as being essential to living in liberty - freedom of speech, freedom of the press, freeing religion from government interference - are what We The People are most divided over, and by, today? 

We should all pay especially close attention to the preamble that I've put in bold below - IOW: if our Founders didn't trust govt led by the Founding Fathers themselves... why should we trust the bunch we've got in our government(s) today?!

It's a convenient turn of providence that the first two amendments originally proposed, weren't ratified at the time (one of those two was ratified in the 1990's), because the keeping of government out of religion and its practice, and barring it from tampering with the freedom of speech, the press (which, BTW, doesn't exclude you), the right of the people peaceably to assemble, and to petition the Government for a redress of grievances should be the first set of individual rights protected from abuse by governmental powers (even and especially if the We The People are urging it to 'do something!' about something), followed immediately, as it now is, by the right to keep and bear arms in their defense, as the 1st & 2nd Amendments do. 

If you too would like to see our Bill of Rights enjoy many more birthdays, I strongly suggest that you click the links below, and read some of what was in our Founder's minds, when they proposed, debated, and ratified them.

Proposed Amendments and Ratification
1789 Elliot 1:338--40

Congress of the United States;
Begun and held at the City of New York, on Wednesday, the 4th of March, 1789.

The conventions of a number of the states having, at the time of their 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,--


Articles in Addition to, and Amendment of, the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the Fifth Article of the original Constitution.

Art. I. [Not Ratified] After the first enumeration required by the first article of the Constitution, there shall be one representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall not be less than one hundred representatives, nor less than one representative for every forty thousand persons, until the number of representatives shall amount to two hundred, after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred representatives, nor more than one representative for every fifty thousand.

Art. II. [Not ratified... for two centuries, now the 27th amendment] No law varying the compensation for services of the senators and representatives shall take effect, until an election of representatives shall have intervened.

Art. III.[1st] 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.

Art. IV [2nd]. 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.

Art. V [3rd]. 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 prescribed by law.

Art. VI [4th]. The right of the people to be secure in their persons, houses, papers, effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon principal cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Art. VII [5th]. 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.

Art. VIII [6th]. In all criminal prosecutions, the accused shall enjoy the right of 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.

Art. IX [7th]. 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 reëxamined, in any court of the United States, than according to the rules in common law.

Art. X [8th]. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Art. XI [9th]. The enumeration, in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Art. XII [10th]. 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.

FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the House of Representatives.
JOHN ADAMS, Vice-President of the United States,

and President of the Senate. 
Attest. John Beckley
Clerk of the House of Representatives.
Samuel A. Otis, Secretary of the Senate.
Which, being transmitted to the several state legislatures, were decided upon by them, according to the following returns:--

By the State of New Hampshire.--Agreed to the whole of the said amendments, except the 2d article.
By the State of New York.--Agreed to the whole of the said amendments, except the 2d article.
By the State of Pennsylvania.--Agreed to the 3d, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, and 12th articles of the said amendments.
By the State of Delaware.--Agreed to the whole of the said amendments, except the 1st article.
By the State of Maryland.--Agreed to the whole of the said twelve amendments.
By the State of South Carolina.--Agreed to the whole said twelve amendments.
By the State of North Carolina.--Agreed to the whole of the said twelve amendments.
By the State of Rhode Island and Providence Plantations.--Agreed to the whole of the said twelve articles.
By the State of New Jersey.--Agreed to the whole of the said amendments, except the second article.
By the State of Virginia.--Agreed to the whole of the said twelve articles.
No returns were made by the states of Massachusetts, Connecticut, Georgia, and Kentucky.

The amendments thus proposed became a part of the Constitution, the first and second of them excepted, which were not ratified by a sufficient number of the state legislatures.


The Founders' Constitution
Volume 5, Bill of Rights, Document 12
http://press-pubs.uchicago.edu/founders/documents/bill_of_rightss12.html
The University of Chicago Press
Elliot, Jonathan, ed. The Debates in the Several State Conventions on the Adoption of the Federal Constitution as Recommended by the General Convention at Philadelphia in 1787. . . . 5 vols. 2d ed. 1888. Reprint. New York: Burt Franklin, n.d.

Thursday, December 15, 2022

The 231st Birthday of our Bill of Rights is a weird thing to be divided over. Enjoy!

231 years ago today, December 15th, 1791, our states united in ratifying the first ten amendments to the Constitution of the United States of America! How weird is it that many of the individual rights protected by these amendments as being essential to living in liberty - freedom of speech, freedom of the press, freeing religion from government interference - are what We The People are most divided over, and by, today? 

We should all pay especially close attention to the preamble that I've put in bold below - IOW: if our Founders didn't trust govt led by the Founding Fathers themselves... why should we trust the bunch we've got in our government(s) today?!

It's a convenient turn of providence that the first two amendments originally proposed, weren't ratified at the time (one of those two was ratified in the 1990's), because the keeping of government out of religion and its practice, and barring it from tampering with the freedom of speech, the press (which, BTW, doesn't exclude you), the right of the people peaceably to assemble, and to petition the Government for a redress of grievances should be the first set of individual rights protected from abuse by governmental powers (even and especially if the We The People are urging it to 'do something!' about something), followed immediately, as it now is, by the right to keep and bear arms in their defense, as the 1st & 2nd Amendments do. 

If you too would like to see our Bill of Rights enjoy many more birthdays, I strongly suggest that you click the links below, and read some of what was in our Founder's minds, when they proposed, debated, and ratified them.

Proposed Amendments and Ratification
1789 Elliot 1:338--40

Congress of the United States;
Begun and held at the City of New York, on Wednesday, the 4th of March, 1789.

The conventions of a number of the states having, at the time of their 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,--


Articles in Addition to, and Amendment of, the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the Fifth Article of the original Constitution.

Art. I. [Not Ratified] After the first enumeration required by the first article of the Constitution, there shall be one representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall not be less than one hundred representatives, nor less than one representative for every forty thousand persons, until the number of representatives shall amount to two hundred, after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred representatives, nor more than one representative for every fifty thousand.

Art. II. [Not ratified... for two centuries, now the 27th amendment] No law varying the compensation for services of the senators and representatives shall take effect, until an election of representatives shall have intervened.

Art. III.[1st] 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.

Art. IV [2nd]. 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.

Art. V [3rd]. 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 prescribed by law.

Art. VI [4th]. The right of the people to be secure in their persons, houses, papers, effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon principal cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Art. VII [5th]. 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.

Art. VIII [6th]. In all criminal prosecutions, the accused shall enjoy the right of 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.

Art. IX [7th]. 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 reëxamined, in any court of the United States, than according to the rules in common law.

Art. X [8th]. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Art. XI [9th]. The enumeration, in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Art. XII [10th]. 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.

FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the House of Representatives.
JOHN ADAMS, Vice-President of the United States,

and President of the Senate. 
Attest. John Beckley
Clerk of the House of Representatives.
Samuel A. Otis, Secretary of the Senate.
Which, being transmitted to the several state legislatures, were decided upon by them, according to the following returns:--

By the State of New Hampshire.--Agreed to the whole of the said amendments, except the 2d article.
By the State of New York.--Agreed to the whole of the said amendments, except the 2d article.
By the State of Pennsylvania.--Agreed to the 3d, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, and 12th articles of the said amendments.
By the State of Delaware.--Agreed to the whole of the said amendments, except the 1st article.
By the State of Maryland.--Agreed to the whole of the said twelve amendments.
By the State of South Carolina.--Agreed to the whole said twelve amendments.
By the State of North Carolina.--Agreed to the whole of the said twelve amendments.
By the State of Rhode Island and Providence Plantations.--Agreed to the whole of the said twelve articles.
By the State of New Jersey.--Agreed to the whole of the said amendments, except the second article.
By the State of Virginia.--Agreed to the whole of the said twelve articles.
No returns were made by the states of Massachusetts, Connecticut, Georgia, and Kentucky.

The amendments thus proposed became a part of the Constitution, the first and second of them excepted, which were not ratified by a sufficient number of the state legislatures.


The Founders' Constitution
Volume 5, Bill of Rights, Document 12
http://press-pubs.uchicago.edu/founders/documents/bill_of_rightss12.html
The University of Chicago Press
Elliot, Jonathan, ed. The Debates in the Several State Conventions on the Adoption of the Federal Constitution as Recommended by the General Convention at Philadelphia in 1787. . . . 5 vols. 2d ed. 1888. Reprint. New York: Burt Franklin, n.d.

Monday, December 13, 2021

Happy 230th Birthday to our Bill of Rights - and please God may there be many more!

230 years ago today, December 15th, 1791, our states united in ratifying the first ten amendments to the Constitution of the United States of America! How many of the individual rights protected by these amendments as being essential to living in liberty, are what We The People are most divided over, and by, today? 

We should all pay especially close attention to the preamble that I've put in bold below - IOW: if our Founders didn't trust govt led by the Founding Fathers themselves... why should we trust the bunch we've got in our government(s) today?!

It's a convenient turn of providence that the first two amendments originally proposed, weren't ratified at the time (one of those two was ratified in the 1990's), because the keeping of government out of religion and its practice, and barring it from tampering with the freedom of speech, the press (which, BTW, doesn't exclude you), the right of the people peaceably to assemble, and to petition the Government for a redress of grievances should be the first set of individual rights protected from abuse by governmental powers (even and especially if the We The People are urging it to 'do something!' about something), followed immediately, as it now is, by the right to keep and bear arms in their defense, as the 1st & 2nd Amendments do. 

If you too would like to see our Bill of Rights enjoy many more birthdays, I strongly suggest that you click the links below, and read some of what was in our Founder's minds, when they proposed, debated, and ratified them.

Proposed Amendments and Ratification
1789 Elliot 1:338--40

Congress of the United States;
Begun and held at the City of New York, on Wednesday, the 4th of March, 1789.

The conventions of a number of the states having, at the time of their 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,--


Articles in Addition to, and Amendment of, the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the Fifth Article of the original Constitution.

Art. I. [Not Ratified] After the first enumeration required by the first article of the Constitution, there shall be one representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall not be less than one hundred representatives, nor less than one representative for every forty thousand persons, until the number of representatives shall amount to two hundred, after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred representatives, nor more than one representative for every fifty thousand.

Art. II. [Not ratified... for two centuries, now the 27th amendment] No law varying the compensation for services of the senators and representatives shall take effect, until an election of representatives shall have intervened.

Art. III.[1st] 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.

Art. IV [2nd]. 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.

Art. V [3rd]. 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 prescribed by law.

Art. VI [4th]. The right of the people to be secure in their persons, houses, papers, effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon principal cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Art. VII [5th]. 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.

Art. VIII [6th]. In all criminal prosecutions, the accused shall enjoy the right of 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.

Art. IX [7th]. 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 reëxamined, in any court of the United States, than according to the rules in common law.

Art. X [8th]. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Art. XI [9th]. The enumeration, in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Art. XII [10th]. 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.

FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the House of Representatives.
JOHN ADAMS, Vice-President of the United States,

and President of the Senate. 
Attest. John Beckley
Clerk of the House of Representatives.
Samuel A. Otis, Secretary of the Senate.
Which, being transmitted to the several state legislatures, were decided upon by them, according to the following returns:--

By the State of New Hampshire.--Agreed to the whole of the said amendments, except the 2d article.
By the State of New York.--Agreed to the whole of the said amendments, except the 2d article.
By the State of Pennsylvania.--Agreed to the 3d, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, and 12th articles of the said amendments.
By the State of Delaware.--Agreed to the whole of the said amendments, except the 1st article.
By the State of Maryland.--Agreed to the whole of the said twelve amendments.
By the State of South Carolina.--Agreed to the whole said twelve amendments.
By the State of North Carolina.--Agreed to the whole of the said twelve amendments.
By the State of Rhode Island and Providence Plantations.--Agreed to the whole of the said twelve articles.
By the State of New Jersey.--Agreed to the whole of the said amendments, except the second article.
By the State of Virginia.--Agreed to the whole of the said twelve articles.
No returns were made by the states of Massachusetts, Connecticut, Georgia, and Kentucky.

The amendments thus proposed became a part of the Constitution, the first and second of them excepted, which were not ratified by a sufficient number of the state legislatures.


The Founders' Constitution
Volume 5, Bill of Rights, Document 12
http://press-pubs.uchicago.edu/founders/documents/bill_of_rightss12.html
The University of Chicago Press
Elliot, Jonathan, ed. The Debates in the Several State Conventions on the Adoption of the Federal Constitution as Recommended by the General Convention at Philadelphia in 1787. . . . 5 vols. 2d ed. 1888. Reprint. New York: Burt Franklin, n.d.

Wednesday, December 01, 2021

Better a strict Bill Of Wrongs to bind schools down with, than to risk the unforeseen consequences of a Parents Bill Of Rights?

Warning: a possible unpopular opinion here, that I'd like to run by parents and politicians: I have some concerns about this rush for a Parents Bill of Rights , and not about the motivations for why parents think it's needed - few concerns are more obvious and justifiable than those - but for the unforeseen consequences of it's being passed, as well as a serious question about why one seemingly obvious alternative, has not been proposed.

I get the good intentions of those proposing it,
but I question the ability and motives of
 those who will someday be enforcing it
To touch on my concerns first, they run along the lines of those reasons why James Madison, the Father of our Constitution, and the chief drafter or our Bill of Rights, was originally opposed to having a Bill of Rights, and that was partly because such a bill is too easily turned into a restrictive list of privileges. It is not unusual for Govt to behave as if it not only granted the people those rights that they've enumerated in their laws, but that their law covers the full extent and limits of 'rights' that are available to those they've graciously granted them to. 

Is it really so hard to imagine a situation such as this in the near future:
"Oh, we've already passed laws protecting your rights, and this new issue that you've brought up, as you can clearly see, is not one of them."
, or:
"Yes, we did pass a law protecting your right to do [insert unforeseen situation here], but this issue that you've brought up today, as you can clearly see in the record of the debates over this law, were never mentioned as an issue it would apply to, and so, sorry, no... please submit, and have a nice day."
, and in either case you can rest assured that for those with power and influence, loopholes would soon abound.

James Madison finally set his concerns aside (thankfully) when he came up with the idea for what eventually became our 9th & 10th amendments, that gave some protection to the people's Individual Rights and the Powers through the Ninth Amendment,
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
, and to the powers of the states through the Tenth Amendment:
"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."
But... as brilliant an innovation as the 9th & 10th amendments were, their thinking, and the Americans who voted to ratify them, are nearly lost even amongst 'Constitutional Conservatives' today, who've been known to refer to them as having no more substance than "inkblots on the Constitution", even conservative stalwarts like Judge Bork, as I noted a few years ago,
"... the same Judge Bork who famously referred to the 9th Amendment as having no more meaning than 'an inkblot on the Constitution'. Let's be clear: what that doesn't tell you about Judge Bork, is that he was a Leftist - he certainly was not, and it certainly doesn't tell us that he meant to betray the Constitution - I've no doubt that he'd rather have cut his right hand off. But what that should tell you, and me, and Hammer, about Judge Bork, is that he didn't understand the essential concepts that drove the Founders to formulate and ratify the 9th Amendment, which should tell us that that understanding was not present in his judicial judgment - unless of course, you think that those of the Founders' era who wrote and ratified the 9th Amendment, intended it as a means of splattering the Constitution with meaningless inkblots!..."
Keeping in mind that James Madison feared such shenanigans in our Founders time, I'm in no way confident that either our politicians, or ourselves (and Justice Thomas is the only one on the SCOTUS today that I wouldn't be concerned about... and maybe Gorsuch (in most situations)... possibly Alito too, but much less so, and none of the others, Left or Right), can be trusted to not be hoodwinked by such measures today.

And given that, I'm not at all eager to put such a dangerously manipulatable tool as a 'Parent's Bill of Rights', into the hands of those in Jefferson City (or Washington D.C.), that might later be able to be used to further limit what parents can do in regards to something as important, and something as greedily and deliberately targeted, as our children.

So those being some of my concerns, here's my question:
  • Why are these bills attempting to define what parents can do, rather than targeting what schools are forbidden to do (and should be penalized for)?
Why risk potentially limiting what actions that Parents can take by saying that they have a right to, for instance, demand to see curriculum (and does that mean only textbooks explicitly referred to in curriculum frameworks? And which kind of frameworks? What about teacher's worksheets?...Websites referred to...?), instead of stating something like:
"No school shall deny a parent [or tax payer] the ability to freely examine any materials presented or recommended to students - failure to comply will result in $___ fine on the first instance, and loss of [some valued feature] on repeated offences"
, and so on. For myself, I'd much rather bind our schools down with a strict Bill Of Wrongs (backed with significant penalties), than to risk restricting everyone else's actions, with a 'Parents Bill Of Rights' that might unintentionally go wrong at some point in the future.

For those who have been to the various townhalls discussing the matter (mine was yesterday, and I [insert feeble excuses here] missed it), or who have talked with their reps about these proposals, I'd very much like to hear from you if such questions and concerns have been raised, and if so, how they might have been answered.

Tuesday, December 15, 2020

Happy 229th Birthday to our Bill of Rights - and please God may there be many more!

229 years ago today, December 15th, 1791, our states united in ratifying the first ten amendments to the Constitution of the United States of America! How many of the individual rights protected by these amendments as being essential to living in liberty, are what We The People are most divided over, and by, today? 

We should all pay especially close attention to the preamble that I've put in bold below - IOW: if our Founders didn't trust govt led by the Founding Fathers themselves... why should we trust the bunch we've got in our government(s) today?!

It's a convenient turn of providence that the first two amendments originally proposed, weren't ratified at the time (one of those two was ratified in the 1990's), because the keeping of government out of religion and its practice, and barring it from tampering with the freedom of speech, the press (which, BTW, doesn't exclude you), the right of the people peaceably to assemble, and to petition the Government for a redress of grievances should be the first set of individual rights protected from abuse by governmental powers (even and especially if the We The People are urging it to 'do something!' about something), followed immediately, as it now is, by the right to keep and bear arms in their defense, as the 1st & 2nd Amendments do. 

If you too would like to see our Bill of Rights enjoy many more birthdays, I strongly suggest that you click the links below, and read some of what was in our Founder's minds, when they proposed, debated, and ratified them.

Proposed Amendments and Ratification
1789 Elliot 1:338--40

Congress of the United States;
Begun and held at the City of New York, on Wednesday, the 4th of March, 1789.

The conventions of a number of the states having, at the time of their 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,--


Articles in Addition to, and Amendment of, the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the Fifth Article of the original Constitution.

Art. I. [Not Ratified] After the first enumeration required by the first article of the Constitution, there shall be one representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall not be less than one hundred representatives, nor less than one representative for every forty thousand persons, until the number of representatives shall amount to two hundred, after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred representatives, nor more than one representative for every fifty thousand.

Art. II. [Not ratified... for two centuries, now the 27th amendment] No law varying the compensation for services of the senators and representatives shall take effect, until an election of representatives shall have intervened.

Art. III.[1st] 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.

Art. IV [2nd]. 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.

Art. V [3rd]. 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 prescribed by law.

Art. VI [4th]. The right of the people to be secure in their persons, houses, papers, effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon principal cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Art. VII [5th]. 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.

Art. VIII [6th]. In all criminal prosecutions, the accused shall enjoy the right of 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.

Art. IX [7th]. 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 reëxamined, in any court of the United States, than according to the rules in common law.

Art. X [8th]. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Art. XI [9th]. The enumeration, in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Art. XII [10th]. 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.

FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the House of Representatives.
JOHN ADAMS, Vice-President of the United States,

and President of the Senate. 
Attest. John Beckley
Clerk of the House of Representatives.
Samuel A. Otis, Secretary of the Senate.
Which, being transmitted to the several state legislatures, were decided upon by them, according to the following returns:--

By the State of New Hampshire.--Agreed to the whole of the said amendments, except the 2d article.
By the State of New York.--Agreed to the whole of the said amendments, except the 2d article.
By the State of Pennsylvania.--Agreed to the 3d, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, and 12th articles of the said amendments.
By the State of Delaware.--Agreed to the whole of the said amendments, except the 1st article.
By the State of Maryland.--Agreed to the whole of the said twelve amendments.
By the State of South Carolina.--Agreed to the whole said twelve amendments.
By the State of North Carolina.--Agreed to the whole of the said twelve amendments.
By the State of Rhode Island and Providence Plantations.--Agreed to the whole of the said twelve articles.
By the State of New Jersey.--Agreed to the whole of the said amendments, except the second article.
By the State of Virginia.--Agreed to the whole of the said twelve articles.
No returns were made by the states of Massachusetts, Connecticut, Georgia, and Kentucky.

The amendments thus proposed became a part of the Constitution, the first and second of them excepted, which were not ratified by a sufficient number of the state legislatures.


The Founders' Constitution
Volume 5, Bill of Rights, Document 12
http://press-pubs.uchicago.edu/founders/documents/bill_of_rightss12.html
The University of Chicago Press
Elliot, Jonathan, ed. The Debates in the Several State Conventions on the Adoption of the Federal Constitution as Recommended by the General Convention at Philadelphia in 1787. . . . 5 vols. 2d ed. 1888. Reprint. New York: Burt Franklin, n.d.

Sunday, December 15, 2019

Happy 228th Birthday to our Bill of Rights!

228 years ago today, December 15th, 1791, our states were united in ratifying the first ten amendments to the Constitution of the United States of America! Strange, that these same individual rights which we once understood to be so essential to living in liberty as Americans, are what we seem to be the most divided over, and by, today.

With that last in mind, maybe we should all pay especially close attention to the preamble that I've put in bold for you... just in case your eyes are getting as bad as mine (IOW They didn't trust govt led by the Founding Fathers themselves... are you really going to trust it with the bunch we've got today? Pay Attention!).

And although it wasn't planned, I'm very pleased that the first two amendments that were originally proposed, weren't ratified at the time (though one of them was ratified in the 1990's... do you know which one?), because those individual rights, including Freedom of Speech, should be the first set of individual rights protected, followed immediately by the right to keep and base arms in their defense, as the 1st & 2nd Amendments! Providence strikes again.


Proposed Amendments and Ratification
1789 Elliot 1:338--40

Congress of the United States;
Begun and held at the City of New York, on Wednesday, the 4th of March, 1789.

The conventions of a number of the states having, at the time of their 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,--


Articles in Addition to, and Amendment of, the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the Fifth Article of the original Constitution.

Art. I. [Not Ratified] After the first enumeration required by the first article of the Constitution, there shall be one representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall not be less than one hundred representatives, nor less than one representative for every forty thousand persons, until the number of representatives shall amount to two hundred, after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred representatives, nor more than one representative for every fifty thousand.

Art. II. [Not ratified... for two centuries] No law varying the compensation for services of the senators and representatives shall take effect, until an election of representatives shall have intervened.

Art. III. 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.

Art. IV. 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.

Art. V. 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 prescribed by law.

Art. VI. The right of the people to be secure in their persons, houses, papers, effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon principal cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Art. VII. 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.

Art. VIII. In all criminal prosecutions, the accused shall enjoy the right of 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.

Art. IX. 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 reëxamined, in any court of the United States, than according to the rules in common law.

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

Art. XI. The enumeration, in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Art. XII. 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.

FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the House of Representatives.
JOHN ADAMS, Vice-President of the United States,

and President of the Senate. 
Attest. John Beckley
Clerk of the House of Representatives.
Samuel A. Otis, Secretary of the Senate.
Which, being transmitted to the several state legislatures, were decided upon by them, according to the following returns:--

By the State of New Hampshire.--Agreed to the whole of the said amendments, except the 2d article.
By the State of New York.--Agreed to the whole of the said amendments, except the 2d article.
By the State of Pennsylvania.--Agreed to the 3d, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, and 12th articles of the said amendments.
By the State of Delaware.--Agreed to the whole of the said amendments, except the 1st article.
By the State of Maryland.--Agreed to the whole of the said twelve amendments.
By the State of South Carolina.--Agreed to the whole said twelve amendments.
By the State of North Carolina.--Agreed to the whole of the said twelve amendments.
By the State of Rhode Island and Providence Plantations.--Agreed to the whole of the said twelve articles.
By the State of New Jersey.--Agreed to the whole of the said amendments, except the second article.
By the State of Virginia.--Agreed to the whole of the said twelve articles.
No returns were made by the states of Massachusetts, Connecticut, Georgia, and Kentucky.

The amendments thus proposed became a part of the Constitution, the first and second of them excepted, which were not ratified by a sufficient number of the state legislatures.


The Founders' Constitution
Volume 5, Bill of Rights, Document 12
http://press-pubs.uchicago.edu/founders/documents/bill_of_rightss12.html
The University of Chicago Press
Elliot, Jonathan, ed. The Debates in the Several State Conventions on the Adoption of the Federal Constitution as Recommended by the General Convention at Philadelphia in 1787. . . . 5 vols. 2d ed. 1888. Reprint. New York: Burt Franklin, n.d.

Saturday, December 15, 2018

Happy 227th Birthday to our Bill of Rights!

227 years ago today, December 15th, 1791, our states were united in ratifying the first ten amendments to the Constitution of the United States of America! Strange, that these same individual rights which we once understood to be so essential to living in liberty,  are what we seem to be the most divided over, and by, today.

With that last in mind, maybe we should all pay especially close attention to the preamble that I've put in bold for you... just in case your eyes are getting as bad as mine (IOW They didn't trust govt with the Founding Fathers themselves... are you really going to trust the bunch we've got today? Pay Attention!).

And although it wasn't planned, I'm very pleased that the first two amendments that were originally proposed, weren't ratified at the time (though one of them was ratified in the 1990's... do you know which one?), because those individual rights, including Freedom of Speech, should be protected in the 1st Amendment!



Proposed Amendments and Ratification
1789 Elliot 1:338--40

Congress of the United States;
Begun and held at the City of New York, on Wednesday, the 4th of March, 1789.

The conventions of a number of the states having, at the time of their 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,--


Articles in Addition to, and Amendment of, the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the Fifth Article of the original Constitution.

Art. I. [Not Ratified] After the first enumeration required by the first article of the Constitution, there shall be one representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall not be less than one hundred representatives, nor less than one representative for every forty thousand persons, until the number of representatives shall amount to two hundred, after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred representatives, nor more than one representative for every fifty thousand.

Art. II. [Not ratified... for two centuries] No law varying the compensation for services of the senators and representatives shall take effect, until an election of representatives shall have intervened.

Art. III. 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.

Art. IV. 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.

Art. V. 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 prescribed by law.

Art. VI. The right of the people to be secure in their persons, houses, papers, effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon principal cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Art. VII. 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.

Art. VIII. In all criminal prosecutions, the accused shall enjoy the right of 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.

Art. IX. 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 reëxamined, in any court of the United States, than according to the rules in common law.

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

Art. XI. The enumeration, in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Art. XII. 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.

FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the House of Representatives.
JOHN ADAMS, Vice-President of the United States,

and President of the Senate. 
Attest. John Beckley
Clerk of the House of Representatives.
Samuel A. Otis, Secretary of the Senate.
Which, being transmitted to the several state legislatures, were decided upon by them, according to the following returns:--

By the State of New Hampshire.--Agreed to the whole of the said amendments, except the 2d article.
By the State of New York.--Agreed to the whole of the said amendments, except the 2d article.
By the State of Pennsylvania.--Agreed to the 3d, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, and 12th articles of the said amendments.
By the State of Delaware.--Agreed to the whole of the said amendments, except the 1st article.
By the State of Maryland.--Agreed to the whole of the said twelve amendments.
By the State of South Carolina.--Agreed to the whole said twelve amendments.
By the State of North Carolina.--Agreed to the whole of the said twelve amendments.
By the State of Rhode Island and Providence Plantations.--Agreed to the whole of the said twelve articles.
By the State of New Jersey.--Agreed to the whole of the said amendments, except the second article.
By the State of Virginia.--Agreed to the whole of the said twelve articles.
No returns were made by the states of Massachusetts, Connecticut, Georgia, and Kentucky.

The amendments thus proposed became a part of the Constitution, the first and second of them excepted, which were not ratified by a sufficient number of the state legislatures.


The Founders' Constitution
Volume 5, Bill of Rights, Document 12
http://press-pubs.uchicago.edu/founders/documents/bill_of_rightss12.html
The University of Chicago Press
Elliot, Jonathan, ed. The Debates in the Several State Conventions on the Adoption of the Federal Constitution as Recommended by the General Convention at Philadelphia in 1787. . . . 5 vols. 2d ed. 1888. Reprint. New York: Burt Franklin, n.d.