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Shouldn't OUR Bill of Rights reflect what we've become? Absolutely everything changed in the United States since the Bill of Rights was first adopted. We still use the original words in those first 10 Amendments but the interpretations have totally changed. And no wonder. We've gone from a country of a few million to more than 300 million. A country that in 1776 needed to band together for safety now lives in gated 5000-home subdivisions and 1,000-unit condominiums and gets in each other's way at every turn. Americans tossed away the nation's birthright of justice for a magic bullet, and replaced the Pioneer Spirit with the Pioneer Stereo. It's time to bring the Bill of Rights up to date. We demanded new interpretations from the courts for today's America, and we got them. We demanded new laws from Congress and they passed them. It is those interpretations, those laws, and how they undercut the Bill of Rights that define this nation today. We even need to adjust the Preamble to the Constitution to reflect what we did to it: "We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. Lawyers and other citizens may opt out of the aforesaid goals. Every provision listed below is an actual change in the Bill of Rights made by one or more of the three branches of government at the urging of our fellow Americans, and is now the law of the land.
AMENDMENT ICongress shall make no law establishing religion, but shall act as if it did; and shall make no laws abridging the freedom of speech, unless such speech can be construed as "commercial speech" or "irresponsible speech" or "offensive speech" or otherwise categorized; or shall abridge the right of the people to peaceably assemble where and when permitted; or shall abridge the right to petition the government for a redress of grievances under approved procedures. It shall be unlawful to falsely cry "Fire!" in a theatre occupied by three or more persons, unless such persons shall belong to a class declared Protected by one or more divisions of Federal, State or Local government, in which case the number of persons shall be one or more. Irrespective of the foregoing and no matter the intent, it shall be a punishable offense to utter certain words in or near any airport under United States jurisdiction. The Congress and the executive branch shall from time to time determine the words and the punishment for using them.
AMENDMENT IIA national military force shall be maintained under control of the President, and no State may maintain a military force beyond Presidential control. Any Amendment to this Constitution barring involuntary servitude shall not apply to conscription by the military. The right of the people to keep and bear arms shall be determined by the Congress, and the States, and the Cities, and the Counties, and the Towns, and someone named Fred.
AMENDMENT IIINo soldier shall, in time of peace, be quartered in any house without the consent of the owner, unless such house is believed to have been used, or believed may be used, or believed could be used, for some purpose contrary to law or public policy.
AMENDMENT IVThe right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures may not be suspended except to protect public welfare. Any place or conveyance shall be subject to search by qualified authority of any political division, and any such places or conveyances, or any property within them, may be confiscated without judicial proceeding if suspected of being used in a manner contrary to law.
AMENDMENT VAny person may be held to answer for a crime of any kind, or for utterance or writings interpretable as planning or encouraging a crime, or when believed to be aware of a crime, or for thinking of committing crimes, and may be denied liberty by the local, state, and federal judiciary; and put in jeopardy of life while incarcerated; and may be compelled to be a witness against himself by the submission of his body or any portion thereof when so ordered; or by his own testimony in proceedings excluding criminal trial. Private property forfeited or confiscated under judicial authority shall become the property of the governments of competent jurisdiction, and shall be immune from seizure by injured parties. Government may use the right of eminent domain to accomplish economic aims without regard for public use.
AMENDMENT VIIn all criminal prosecutions the accused shall enjoy the right to avoid prosecution by exhausting the legal process and its practitioners. Failure to succeed shall result in speedy plea-bargaining. Convicted persons shall be entitled to appeal until sentence is completed. It shall be unlawful to bar or deter an incompetent person from service on a jury.
AMENDMENT VIIIn all criminal and civil matters where a person is involved whose private life may interest the public or can be made to, the right of trial in the Press shall not be abridged.
AMENDMENT VIIISufficient bail may be required to ensure that dangerous persons remain in custody. However, there shall be no right of the public to be protected from dangerous persons, and such protection shall be dependent upon incarceration facilities available.
AMENDMENT IXThe enumeration in the Constitution of certain rights shall be construed to deny or discourage other rights which may from time to time be extended by the branches of Federal, State or Local government, unless such rights shall themselves become enacted by Amendment.
AMENDMENT XThe powers not delegated to the United States by the Constitution shall be deemed to be powers residing in persons holding appointment therein through the Civil Service, and may be delegated to the States and local Governments as determined by the public interest. The public interest shall be determined by the Civil Service.
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The post-9/11 round-up, arrest, and detainment of hundreds of men without bond, trial, or habeas corpus is not new. It has always been allowed by the US Constitution, where habeas is termed a privilege, not a right.
Article 1 - Section 9 - Paragraph 2
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
Another president beside Bush to decide the public safety required it was Abe Lincoln. They shot him.
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Rey Barry (rey at cstone.net) All rights reserved Page last updated on Constitution Day 2011 |
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