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Happy Birthday to the Bill of Rights! (ratified on 15 Dec. 1791)
topics.law.cornell.edu ^ | 2009-12-15

Posted on 12/14/2009 9:41:48 PM PST by rabscuttle385

Bill of Rights

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Amendment II

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

Amendment III

No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV

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

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Amendment VII

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

Amendment VIII

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

Amendment IX

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

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.


TOPICS: Constitution/Conservatism; Front Page News; Your Opinion/Questions
KEYWORDS: 10a; 10th; 10thamendment; 2a; 2nd; 2ndamendment; banglist; billofrights; constitutionality; donttreadonme; freedom; freedomofreligion; freedomofspeech; liberty; lping; rkba; secondamendment; staterights; statesrights; tenthamendment

1 posted on 12/14/2009 9:41:53 PM PST by rabscuttle385
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To: bamahead

:-)


2 posted on 12/14/2009 9:42:25 PM PST by rabscuttle385 (Purge the RINOs! * http://restoretheconstitution.ning.com/)
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To: rabscuttle385
The Bill of Rights is greatly diminished without the Preamble:

The Preamble to The Bill of Rights

Congress of the United States
begun and held at the City of New-York, on
Wednesday the fourth of March, one thousand seven hundred and eighty nine.

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 ensure the beneficent ends of its institution.

Thus at least in principle, the BOR may in fact restrict the entire Constitutional list of enumerated powers; the commerce or supremacy clauses for example.

We all know how that turned out. So much for principle.

3 posted on 12/14/2009 9:55:48 PM PST by Carry_Okie (Mao was right about power and guns; which is why he confiscated them.)
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To: ImaTexan

ping


4 posted on 12/14/2009 9:57:58 PM PST by bjcintennessee (Don't Sweat the Small Stuff)
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To: Carry_Okie

Wait a sec there! Where are those “positive rights” Obozo keep yammering about? Where’s the Health Care clause?


5 posted on 12/14/2009 10:02:56 PM PST by ProtectOurFreedom
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To: ProtectOurFreedom
Wait a sec there! Where are those “positive rights” Obozo keep yammering about? Where’s the Health Care clause?

Actually, the beginnings of a Federal over-ride of State laws was proposed by Madison (ironically) as the "Fourteenth Article" in that very BOR:

No State shall infringe the right of trial by Jury in criminal cases, nor the rights of conscience, nor the freedom of speech, or of the press.

Needless to say, said 14th Article was defeated as an excessive degree of Federal control over the state laws.

6 posted on 12/14/2009 10:11:53 PM PST by Carry_Okie (Mao was right about power and guns; which is why he confiscated them.)
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To: Carry_Okie

We all know how that turned out. So much for principle.
* *

As one of the founders stated, this particular form of government was for “a just and moral people”. In the absence of good faith, it will be weakened, not fortified.

The Bill of Rights is a brilliant piece of jurisprudence, but it is incongruous with a dumbed-down and decadent citizenry.


7 posted on 12/14/2009 10:14:03 PM PST by Canedawg (Bring lawyers, guns and money.)
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To: rabscuttle385

Happy Birthday Bill of Rights.

You were a good idea. But we’d rather have healthcare...:(


8 posted on 12/14/2009 10:27:01 PM PST by Tzimisce (No thanks. We have enough government already. - The Tick)
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To: rabscuttle385

Happy 218th Birthday Bill of Rights, unfortunately the courts and the statists/marxists have cut you out of the Constitution.


9 posted on 12/14/2009 10:35:27 PM PST by Steelers6
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To: Steelers6
Happy 218th Birthday Bill of Rights, unfortunately the courts and the statists/marxists have cut you out of the Constitution.

I think they cut out the whole constitution, not just the Bill of Rights.

10 posted on 12/14/2009 10:39:53 PM PST by Mark17
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To: rabscuttle385; Abathar; Abcdefg; Abram; Abundy; akatel; albertp; AlexandriaDuke; Alexander Rubin; ..



Libertarian ping! Click here to get added or here to be removed or post a message here!
View past Libertarian pings here
11 posted on 12/14/2009 10:51:05 PM PST by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: rabscuttle385

12 posted on 12/15/2009 12:36:43 AM PST by Iron Munro (God is great - Beer is good - People are crazy.)
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To: rabscuttle385
BTTT!!



13 posted on 12/15/2009 6:36:23 AM PST by EdReform (Oath Keepers - Guardians of the Republic - Honor your oath - Join us: www.oathkeepers.org)
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To: Steelers6

We should have banned scissors...At least in D.C.


14 posted on 12/15/2009 6:40:41 AM PST by stevie_d_64 (I'm jus sayin')
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To: rabscuttle385
Happy Birthday, Bill Of Rights:

Give Me Liberty, Not National Health Care

15 posted on 12/15/2009 6:58:19 AM PST by writer33 (Rush Limbaugh Is "The Passion" of Conservatism And Pretty Good At That Radio Thingy)
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To: rabscuttle385

ENFORCE the Bill of Rights.

bookBUMP


16 posted on 12/15/2009 8:29:31 AM PST by S.O.S121.500 (That Kenyan bastard is not my president. ENFORCE the Bill of Rights.)
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To: rabscuttle385

We miss you!


17 posted on 12/15/2009 1:45:33 PM PST by ronnyquest (That's what governments are for: to get in a man's way.)
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To: rabscuttle385
"Happy Birthday..." ???

Hmmm...What planet is the author on?

It's the birthday...but, more correctly, a "morbid" birthday. "Mortality" is now the only remaining issue....

18 posted on 12/16/2009 3:09:35 PM PST by SuperLuminal (Where is another agitator for republicanism like Sam Adams when we need him?)
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To: rabscuttle385

When our own representives, who claim to believe in the bill of rights either do not have the guts to stand up for them or do not have the mental power to understand them
lets them get trampled on, what can we do? get them out and get more of thier kind in?

It has been the same way ever since i have had an interest in politics, the liberals will get up a bill with a whole bunch of garbage even they themselves don,t want, so the republicans will fight to get the garbage out and if they get it out they are proud of themselves and the liberals get what they want.

Why don,t the conservetives turn the table on them? or are there any conservetives left? maybe a few republicans and very few democrats.


19 posted on 12/18/2009 4:59:52 PM PST by ravenwolf (Just a bit of the long list of proofs)
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To: Carry_Okie

Yes and the way the first amendment reads is not seperation of church and state but just prevents congress from making any such law, it is supposed to protect the states in the making of thier own laws as in the 10th amendant.

In other words it is directed to congress, not to the states
it does not prevent the states from making any law, and that is good but the judges who think of them selves as Gods makes the laws them selves.


20 posted on 12/18/2009 5:11:54 PM PST by ravenwolf (Just a bit of the long list of proofs)
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To: ravenwolf
In other words it is directed to congress, not to the states

Thus communities were free to establish local laws reflecting religious customs: Maryland was largely Catholic, Pennsylvania Quaker, New England largely Anglican, the South Baptist, etc.

21 posted on 12/18/2009 5:59:01 PM PST by Carry_Okie (Islam offers three choices: surrender, fight, or die.)
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To: Carry_Okie

Yes, i believe our founding fathers believed it was up to the people of each state to make thier own laws, except those things mentioned in the bill of rights.

The 10th amendment says the people or respectively the state,
meaning the people and the state are the same thing, shall make thier own laws where not prohibited by the amendments.

the first amendment does not prohibit the states from doing anything.


Colorado constitution
The colorado bill of rights
Section 4. Religious freedom. The free exercise and enjoyment of religious profession and worship, without discrimination, shall forever hereafter be guaranteed; and no person shall be denied any civil or political right, privilege or capacity, on account of his opinions concerning religion; but the liberty of conscience hereby secured shall not be construed to dispense with oaths or affirmations, excuse acts of licentiousness or justify practices inconsistent with the good order, peace or safety of the state. No person shall be required to attend or support any ministry or place of worship, religious sect or denomination against his consent. Nor shall any preference be given by law to any religious denomination or mode of worship.

Utah constitution

Article I, Section 4. [Religious liberty.]
The rights of conscience shall never be infringed. The State shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; no religious test shall be required as a qualification for any office of public trust or for any vote at any election; nor shall any person be incompetent as a witness or juror on account of religious belief or the absence thereof. There shall be no union of Church and State, nor shall any church dominate the State or interfere with its functions. No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or for the support of any ecclesiastical establishment.


So many people do not like the first amendment because they are so afraid that it gives the state the right to make a certain church the state church, which could be true as far as the first amendment is concerned, bud it did not happen and as you can see from the colorado and utah constitutions that it can not happen in these states.

So our representives, including the federal judges have been and are trying to change the meaning of the first amendment to mean that the states can not make no laws mentioned in the first amendment.

If the purpose is to take away states rights or not is any ones guess, but that is what it amounts to.

I can not imagine a state congressman or a state senator wanting to do that so maybe its just no guts or maybe just ignorance, but the point is if they can take away the real meaning of the first amendment, they can also do that with the other amendments, and even the declaration of independence and the constitution.

Any one can see that the first amendment does not even mention state.

It is directed to the congress of the united states, the law makers of the federal goverment, not the states.

And i hate to have to say this, if an ignorant grade school
drop out such as myself can see what the first amendment is actually saying, then it has to be pretty simple.

And in closing i will just say that it makes me madder than hell to have to be the one to try and defend states rights and individual rights just because our highly educated and prestigous so called leaders of this country are either too dumb or too gutless to do it.


22 posted on 12/19/2009 6:13:34 AM PST by ravenwolf (Just a bit of the long list of proofs)
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To: rabscuttle385

Thanks.


23 posted on 12/19/2009 4:03:18 PM PST by Joya (Lord Jesus Christ, Son of God, Savior, have mercy on me, a sinner!)
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To: TenthAmendmentChampion

Just-for-You Ping.


24 posted on 12/19/2009 7:14:30 PM PST by Joya (Lord Jesus Christ, Son of God, Savior, have mercy on me, a sinner!)
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