Wednesday, December 15, 2010

Happy Bill of Rights Day

On Dec. 15, 1941, President Franklin Delano Roosevelt by proclamation celebrated the first Bill of Rights Day. It was the 150th anniversary of the ratification of those first 10 amendments to the U.S. Constitution, amendments that spelled out our freedoms as well as our rights.

On this 219th anniversary, we would do well to reflect on history for it was history that spawned the Bill of Rights.

When the U.S. Constitution was being drafted in the late 1780s, the idea of a central government wasn't an easy sell. Men of genius had come up with a plan for three governmental branches — executive, legislative and judicial. And they had built in checks and balances among the branches. But people of the various states — reflecting on history — had a healthy fear that a dream of a government serving the people could quickly change to a nightmare of people being subservient to government.

Angry rallies and boycotts ensued. Buckets of tar and bags of feathers were made ready.

To get the Constitution ratified by the states, the framers had to promise there would be a bill of rights to protect individuals from a strong central government. This bill of rights would not be a list of checks and balances between government and the people. It would simply be a list of checks against government to ensure vital freedoms.

It took four years, but in 1791 a list of 10 rights was ratified by enough states to be attached to the Constitution.

Without that list, history books about the United States of America may well be thin, out-of-print tomes.

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 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.

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 defence.

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.

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