Stuff You Won't Find In The Constitution

1. Freedom of Expression
2. Freedom of Speech laws applying to Private Individuals/Businesses
3. God
4. Innocent Until Proven Guilty
5. Primary Elections
6. Paper Money
7. Marriage
   

Academic Application: Bill of Rights

As an American citizen, here are your rights (look at the Tenth Amendment for more information concerning additional rights):

The First Amendment provides that Congress make no law respecting an establishment of religion or prohibiting its free exercise. It protects freedom of speech, the press, assembly, and the right to petition the Government for a redress of grievances.

The Second Amendment gives citizens the right to bear arms.

The Third Amendment prohibits the government from quartering troops in private homes, a major grievance during the American Revolution.

The Fourth Amendment protects citizens from unreasonable search and seizure. The government may not conduct any searches without a warrant, and such warrants must be issued by a judge and based on probable cause.

The Fifth Amendment provides that citizens not be subject to criminal prosecution and punishment without due process. Citizens may not be tried on the same set of facts twice, and are protected from self-incrimination (the right to remain silent). The amendment also establishes the power of eminent domain, ensuring that private property is not seized for public use without just compensation.

The Sixth Amendment assures the right to a speedy trial by a jury of one's peers, to be informed of the crimes with which they are charged, and to confront the witnesses brought by the government. The amendment also provides the accused the right to compel testimony from witnesses, and to legal representation.

The Seventh Amendment provides that civil cases also be tried by jury.

The Eighth Amendment prohibits excessive bail, excessive fines, and cruel and unusual punishments.

The Ninth Amendment states that the list of rights enumerated in the Constitution is not exhaustive, and that the people retain all rights not enumerated.

The Tenth Amendment assigns all powers not delegated to the United States, or prohibited to the states, to either the states or to the people.

The Real Guantanamo?

I recently visited the detention facilities at the U.S. naval base at Guantanamo Bay, Cuba, and was dismayed at what I saw. The place was nothing like what I expected, and I was struck by how little we Americans actually know about these facilities and the conduct of our personnel there. With every new interview and every new area walk-through I hoped to find some validation of the certainties I brought with me from the hundreds of articles, documentaries, and speeches presented to the American people by our intellectual superiors.

Instead, my experiences at Guantanamo Bay illustrate the thoroughness of the miseducation of the American people and our willingness to assume the worst about our men and women in uniform. Furthermore, the visit clearly demonstrated that there is a widespread ignorance of the complexity of the situation that we face in the current war against our terrorist enemies. This ignorance results in a focus on superficial issues instead of core questions, and a naive trust in false stories and an astonishing proclivity to be misled... - http://pajamasmedia.com/blog/a-firsthand-look-at-the-real-guantanamo/

This is the other side. Neo-cons can be dangerous. I tend to agree with one commenter Sean:

"Forget the Geneva convention, we have something called a Constitution. Gitmo was specifically created to get around the Constitution. I, for one, am sick of the Fear propaganda employed by the Bush Administration since 9/11 to wipe their asses with the Constitution and strip us of our Constitutional liberties. Our soldiers are fighting for our constitutional liberties and freedom? Really? That’s what they’re doing? Funny, considering since the Wars in Afghanistan and Iraq we have less Constitutional freedoms and civil liberties in this Country."

Judge: Stop Promoting Religion

A federal judge has ordered the Santa Rosa County School District to stop promoting religion and prayer in the classroom and at school events.

U.S. District Court Judge Casey Rodgers ruled Friday after school officials admitted allegations in a lawsuit filed by the American Civil Liberties Union.

The ACLU sued the district, Pace High School Principal Frank Lay and former Superintendent John Rogers on behalf of two unnamed Pace High students. - PNJ.com

We know from the First Amendment that Congress can't pass laws respecting an establishment of religion. Can states do whatever they want? Yes. Also, in cases like these, it is important to determine if the prayer was mandatory.

Constitutional Debate of the Day

Question: Does the Constitution prohibit gun control?

Content of the 2nd Amendment:

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.

Quick Argument #1 - YES - Gun control laws serve to encourage homicides rather than prevent them. The 10th Amendment bans federal gun control laws in addition to the 2nd. In case the government becomes tyrannical, we should have the right to bear arms. Applying gun control will still mean that guns are around, illegally or otherwise.

Quick Argument #2 - NO - The key phrase is "well regulated Militia." That doesn't refer to individuals, but rather a state military force. Individuals who arm themselves are a part of an armed rebellion that is against the 1st Amendment which calls for peaceful assemblies. It's law enforcement's job, not the citizen's, to protect.

Constitutional Debate of the Day

Question: Does the 13th Amendment prohibit the draft?

Content of the 13th Amendment:

Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2. Congress shall have power to enforce this article by appropriate legislation.

Quick Argument #1 - YES - Involuntary servitude does indeed include being forced into the military. Joining the military is a matter of choice.

Quick Argument #2 - NO - Military service is not servitude. Conscription, even though it is seen as a last resort, is no different than other required civic duties like being on a jury.

A New Con Con Coming?

A public policy organization has issued an urgent alert stating affirmative votes are needed from only two more states before a Constitutional Convention could be assembled in which "today's corrupt politicians and judges" could formally change the U.S. Constitution's "'problematic' provisions to reflect the philosophical and social mores of our contemporary society."

"Don't for one second doubt that delegates to a Con Con wouldn't revise the First Amendment into a government-controlled privilege, replace the 2nd Amendment with a 'collective' right to self-defense, and abolish the 4th, 5th, and 10th Amendments, and the rest of the Bill of Rights," said the warning from the American Policy Institute.

"Additions could include the non-existent separation of church and state, the 'right' to abortion and euthanasia, and much, much more," the group said. - WorldNetDaily

This has angered Ron Paul.

Obama Isn't The President Elect

Article II, Section 1, Clause 2 of the United States Constitution, along with the Twelfth and Twentieth Amendments govern the election of the U.S. President. The members of the Electoral College are elected by the people in November once every four years in a general election; on the Monday after the second Wednesday in December, electors convene in their respective state capitals (and the District of Columbia) and in turn elect the President of the United States. The electoral ballots are counted in a joint session of Congress on January 6 (as required by 3 U.S. Code, Chapter 1), and if the ballots are accepted without objections, the candidate winning at least 270 electoral votes is announced the President-elect by the incumbent Vice President, in his or her capacity as President of the Senate.

Just for clarification.

Clinton Appointment Unconstitutional

Barack Obama, it has been reported, intends to announce Sen. Hillary Clinton as his choice for secretary of state, an appointment America's Founding Fathers forbade in the U.S. Constitution.

The constitutional quandary arises from a clause that forbids members of the Senate from being appointed to civil office, such as the secretary of state, if the "emoluments," or salary and benefits, of the office were increased during the senator's term.

The second clause of Article 1, Section 6, of the Constitution reads, "No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office."- WND.com

I think Obama called the Constitution "flawed" so this must not really matter all that much to him.

"Who Really Cares?"

Pittsburgh City Council gave its first approval today to legislation requiring that anyone report a lost or stolen firearm report that within 24 hours or potentially face a $500 fine.

The 6-1 vote, with two abstentions, sets up a final vote likely next week, which would send the legislation to Mayor Luke Ravenstahl for his signature or veto, and then potentially to the courts, where similar measures have been challenged.

"Who really cares about it being unconstitutional?" said Councilwoman Tonya Payne, a supporter. "This is what's right to do, and if this means that we have to go out and have a court battle, then that's fine ... We have plenty of dead bodies coming up in our streets every single day, and that is unacceptable." - Post Gazette

Ron Paul is mad.

SC Votes Against "Millionaire Amendment"

WASHINGTON - The US Supreme Court on Thursday struck down the so-called "millionaire's amendment" of the McCain-Feingold campaign finance law, saying it violated free-speech protections.

In a 5-to-4 ruling, the high court said Congress cannot use federal election laws to disadvantage candidates who choose to use their own money to run for a seat in Congress.

The idea behind the law was to prevent a wealthy candidate from using massive personal spending in a campaign to drown out the voices of other candidates. It was also intended to counter the impression that seats in Congress can be purchased. - Christian Science Monitor

The playing field naturally becomes uneven if a candidate is wealthy, but is it okay to restrict them because of that? This must have been one hell of a tough decision for the Court.