Bill of Rights Day
Today is Bill of Rights Day, the day in which we celebrate the guarantees of liberty in our federal Constitution. In Federalist 84, Alexander Hamilton argued that listing some rights and not others would lead to protection for only those listed and not the unlisted. He was, of course, correct: despite the the Ninth and Tenth Amendments, there is no right which is not safe when the legislature is in session.
Still, the Bill is a great document, listing a few of the fundamental rights of a free people: to practise one’s religion; to speak; to publish; to assemble peacefully (this one gets stomped on all the time nowadays); to petition the State; to own and carry arms (this one is practically a dead letter across the entire United States); to be secure in one’s property (yeah, quartering troops seems a pretty minor deal now, but the principle is important; moreover the protections of the Fifth Amendment with regard to property have been severely curtailed); to be safe from unwarranted and unreasonable searches and seizures (this one has been gone by the wayside since Prohibition); to indictment and trial by a jury of one’s peers (this one has been watered down quite a bit); to not bear witness against oneself (I’d go further and argue that no-one should be compelled to give testimony against anyone else either); to be confronted by the witnesses against one (this one too has been curtailed, to our great shame); to compel witnesses to testify in one’s favour; to be assisted by a lawyer in court and to non-excessive bails, fines and punishments (this one is all-too-often misinterpreted). This is not a bad list to start with, although I would add others. Tellingly, I wouldn’t eliminate any of them. It’s a pity that my fellow countrymen, our legislatures and our courts disagree and have removed or weakened one after another.
And then there are the Ninth and Tenth Amendments: The enumeration
in the Constitution, of certain rights, shall not be construed to
deny or disparage others retained by the people
and 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.
Well, we see how well that
worked out.
Here’s a thought: this year, why not work with the Bill of Rights, rather than against it?
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