Bill of rights, very cool

[revelarts]

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.


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.


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.



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.

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.



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.


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.

VIII. 


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

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

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.


I just felt like posting the bill of rights man, they are so cool.

[Little-Acorn]

Always worth reading, and remembering. Too bad so many in government don't bother.

BTW, the 2nd amendment has only one comma, not three. It's after the word "State". That's how it (and the rest of the BOR) was sent to the states after being proposed by Congress, and the states ratified it with only one comma. The other two were put in later, by a Committee of Prose and Style or some such.

But it's what the states ratify, that counts.

What do you suppose the meaning and intent of the 10th amendment, was?

[ConHog]

Always worth reading, and remembering. Too bad so many in government don't bother.

BTW, the 2nd amendment has only one comma, not three. It's after the word "State". That's how it (and the rest of the BOR) was sent to the states after being proposed by Congress, and the states ratified it with only one comma. The other two were put in later, by a Committee of Prose and Style or some such.

But it's what the states ratify, that counts.

What do you suppose the meaning and intent of the 10th amendment, was?

And further, the First Amendment guarantees Freedom OF religion, not freedom FROM religion as so many of the " don't you be practicing your religion in front of me " people think.

[revelarts]

Always worth reading, and remembering. Too bad so many in government don't bother.

BTW, the 2nd amendment has only one comma, not three. It's after the word "State". That's how it (and the rest of the BOR) was sent to the states after being proposed by Congress, and the states ratified it with only one comma. The other two were put in later, by a Committee of Prose and Style or some such.

But it's what the states ratify, that counts.

What do you suppose the meaning and intent of the 10th amendment, was?

Personally I fixate on the part I've bolded.
But the way I read it 9 and 10 go together.
9 Says the Constitution's listing of rights is not to be assumed to mean that these are the ONLY rights of the people. So don't assume if it's not here it's not a right of the people.
10 Comes at a similar idea in a different way, That the authority of the feds is only contained in the constitution and all other authority and rights/authority belong to the states (as delegated by the people) and the people.

However I've heard that in some Law School test if there is a multiple choice question that ask which section of the law prevails in -such and such- a case. That the 10th amendment is Never the right answer.
Basically saying that the 10th has been universally ignored or assumed to be trumped by any law or random regulation.

But, i suppose, it's was only one of the 1st that was regularly ignored in the country.

[Little-Acorn]

And further, the First Amendment guarantees Freedom OF religion, not freedom FROM religion as so many of the " don't you be practicing your religion in front of me " people think.

Correct.

One of the most interesting parts of the 1st amendment, actually, is its first word. "Congress shall make no law regarding an establishment of religion, nor prohibiting the free exercise thereof...(and several other things)...".

In fact, the 1st amendment was originally intended to apply ONLY to the Federal government. States and localities were still free to make laws "regarding an establishment of religion" and all the other things mentioned in the 1stAm! Only the Federal govt was forbidden to make such laws.

This was done, in part because when the BOR was written and ratified, most of the States had official state religions! Many of them weren't very strictly enforced, but a few were... and most states DID have them on the books. The 1st amendment was carefully written to NOT interfere with that.

Later, the 14th amendment changed things. But that was the original intention in 1791.

In contrast, many other amendments do not restrict themselves to the Fed govt only. The 2nd amendment is an example. It says that since such-and-such is true, the right shall not be infringed. It does NOT say, "...by Congress."...in sharp contrast to what the 1st says about 1stAm provisions. By not limiting itself to only certain governments, the 2nd amendment's ban on infringement of the right to keep and bear arms, applies to every government in the country, including state, Federal, and local governments.

That's not how the 2nd is currently interpreted, of course. Many people say that, since the Constitution was written to form the *Federal* government, its provisions (including the 2ndAm) apply to the Fed govt only. But this IS what the amendment says, like it or not.

(BTW, if that "Fed-govt-only" interpretation were correct, wouldn't that mean that the 5th amendment prohibits Federal cops (if any) from beating a confession out of a suspect, but PERMITS state and local police to do it? And the 8th prohibits cruel and unusual punishment in Federal trials, but PERMITS it in state and local trials?)

[ConHog]

Correct.

One of the most interesting parts of the 1st amendment, actually, is its first word. "Congress shall make no law regarding an establishment of religion, nor prohibiting the free exercise thereof...(and several other things)...".

In fact, the 1st amendment was originally intended to apply ONLY to the Federal government. States and localities were still free to make laws "regarding an establishment of religion" and all the other things mentioned in the 1stAm! Only the Federal govt was forbidden to make such laws.

This was done, in part because when the BOR was written and ratified, most of the States had official state religions! Many of them weren't very strictly enforced, but a few were... and most states DID have them on the books. The 1st amendment was carefully written to NOT interfere with that.

Later, the 14th amendment changed things. But that was the original intention in 1791.

In contrast, many other amendments do not restrict themselves to the Fed govt only. The 2nd amendment is an example. It says that since such-and-such is true, the right shall not be infringed. It does NOT say, "...by Congress."...in sharp contrast to what the 1st says about 1stAm provisions. By not limiting itself to only certain governments, the 2nd amendment's ban on infringement of the right to keep and bear arms, applies to every government in the country, including state, Federal, and local governments.

That's not how the 2nd is currently interpreted, of course. Many people say that, since the Constitution was written to form the *Federal* government, its provisions (including the 2ndAm) apply to the Fed govt only. But this IS what the amendment says, like it or not.

(BTW, if that "Fed-govt-only" interpretation were correct, wouldn't that mean that the 5th amendment prohibits Federal cops (if any) from beating a confession out of a suspect, but PERMITS state and local police to do it? And the 8th prohibits cruel and unusual punishment in Federal trials, but PERMITS it in state and local trials?)

This is a toughie. My personal opinion is that the BOR was intended to apply to the federal level, but that states were meant to have a similar state constitution if they wished to be part of the union. Most historians I have personally associated with agree with that view, which is of course why I believe it. It's what I was taught.

As you say, the First Amendment is clear. Congress shall make no law establishing an official religion. Says nothing about states, and in fact many states have official religions when they were admitted into the Union. The other Amendments however don't specify Congress alone and in my opinion it was intended that states would have to include similar wording in their own Constitutions in order to enter the United States. For instance, no state that has ever entered the Union without agreeing to outlaw cruel and unusual punishment (although that Amendment has been ignored quite frequently.)

[revelarts]

Correct.

One of the most interesting parts of the 1st amendment, actually, is its first word. "Congress shall make no law regarding an establishment of religion, nor prohibiting the free exercise thereof...(and several other things)...".

In fact, the 1st amendment was originally intended to apply ONLY to the Federal government. States and localities were still free to make laws "regarding an establishment of religion" and all the other things mentioned in the 1stAm! Only the Federal govt was forbidden to make such laws.

This was done, in part because when the BOR was written and ratified, most of the States had official state religions! Many of them weren't very strictly enforced, but a few were... and most states DID have them on the books. The 1st amendment was carefully written to NOT interfere with that.

Later, the 14th amendment changed things. But that was the original intention in 1791.

In contrast, many other amendments do not restrict themselves to the Fed govt only. The 2nd amendment is an example. It says that since such-and-such is true, the right shall not be infringed. It does NOT say, "...by Congress."...in sharp contrast to what the 1st says about 1stAm provisions. By not limiting itself to only certain governments, the 2nd amendment's ban on infringement of the right to keep and bear arms, applies to every government in the country, including state, Federal, and local governments.

That's not how the 2nd is currently interpreted, of course. Many people say that, since the Constitution was written to form the *Federal* government, its provisions (including the 2ndAm) apply to the Fed govt only. But this IS what the amendment says, like it or not.
Very Nice.



(BTW, if that "Fed-govt-only" interpretation were correct, wouldn't that mean that the 5th amendment prohibits Federal cops (if any) from beating a confession out of a suspect, but PERMITS state and local police to do it? And the 8th prohibits cruel and unusual punishment in Federal trials, but PERMITS it in state and local trials?)
Only if we assume the free people of a State had granted a state the authority to do so.
Plus -as ConH mentioned- every State had has it's own bill of rights of statement of rights or constitution that covers such abuses I believe.

[fj1200]

Bunch of uppity founding fathers anyway. Who are they to tell me how to live today?

amirite JWK?

[/sarcasm]

[Noir]

Correct.

One of the most interesting parts of the 1st amendment, actually, is its first word. "Congress shall make no law regarding an establishment of religion, nor prohibiting the free exercise thereof...(and several other things)...".

In fact, the 1st amendment was originally intended to apply ONLY to the Federal government. States and localities were still free to make laws "regarding an establishment of religion" and all the other things mentioned in the 1stAm! Only the Federal govt was forbidden to make such laws.

This was done, in part because when the BOR was written and ratified, most of the States had official state religions! Many of them weren't very strictly enforced, but a few were... and most states DID have them on the books. The 1st amendment was carefully written to NOT interfere with that.

Later, the 14th amendment changed things. But that was the original intention in 1791.

In contrast, many other amendments do not restrict themselves to the Fed govt only. The 2nd amendment is an example. It says that since such-and-such is true, the right shall not be infringed. It does NOT say, "...by Congress."...in sharp contrast to what the 1st says about 1stAm provisions. By not limiting itself to only certain governments, the 2nd amendment's ban on infringement of the right to keep and bear arms, applies to every government in the country, including state, Federal, and local governments.

That's not how the 2nd is currently interpreted, of course. Many people say that, since the Constitution was written to form the *Federal* government, its provisions (including the 2ndAm) apply to the Fed govt only. But this IS what the amendment says, like it or not.

(BTW, if that "Fed-govt-only" interpretation were correct, wouldn't that mean that the 5th amendment prohibits Federal cops (if any) from beating a confession out of a suspect, but PERMITS state and local police to do it? And the 8th prohibits cruel and unusual punishment in Federal trials, but PERMITS it in state and local trials?)

But by the same arguemwnt, if the 1st only applied (or was only intended to apply) to a federal level then the BoR was also stating that freedom of speech or of the press etc could be prohibited at a state government level. Which would be rather curious.*