Archive for Bill of Rights
Is there still a Bill of Rights?
Posted by: |Today is the 220th anniversary of the Bill of Rights being passed. Cato-at-Liberty surveys the current state of these safeguards, and it is not particularly pleasant to consider how pathetic this rogue government has become.
Let’s consider each amendment in turn.
The First Amendment says that “Congress shall make no law… abridging the freedom of speech.” Government officials, however, have insisted that they can gag recipients of “national security letters” and censor broadcast ads in the name of campaign finance reform.
The Second Amendment says the people have the right “to keep and bear arms.” Government officials, however, make it difficult to keep a gun in the home and make it a crime for a citizen to carry a gun for self-protection.
The Third Amendment says soldiers may not be quartered in our homes without the consent of the owners. This safeguard is one of the few that is in fine shape — so we can pause here for a laugh.
The Fourth Amendment says the people have the right to be secure against unreasonable searches and seizures. Government officials, however, insist that they can conduct commando-style raids on our homes and treat airline travelers like prison inmates by conducting virtual strip searches.
The Fifth Amendment says that private property shall not be taken “for public use without just compensation.” Government officials, however, insist that they can use eminent domain to take away our property and give it to other private parties who covet it.
The Sixth Amendment says that in criminal prosecutions, the person accused is guaranteed a right to trial by jury. Government officials, however, insist that they can punish people who want to have a trial—“throwing the book” at those who refuse to plead guilty—which explains why 95 percent of the criminal cases never go to trial.
The Seventh Amendment guarantees the right to a jury trial in civil cases where the controversy “shall exceed twenty dollars.” Government officials, however, insist that they can impose draconian fines on people without jury trials.
The Eighth Amendment prohibits cruel and unusual punishments. Government officials, however, insist that a life sentence for a nonviolent drug offense is not cruel.
The Ninth Amendment says that the enumeration in the Constitution of certain rights should not be construed to deny or disparage others “retained by the people.” Government officials, however, insist that they will decide for themselves what rights, if any, will be retained by the people.
The Tenth Amendment says that the powers not delegated to the federal government are reserved to the states, or to the people. Government officials, however, insist that they will decide for themselves what powers they possess, and have extended federal control over health care, crime, education, and other matters the Constitution reserves to the states and the people.
Thank goodness we still have Amendment #3! The Cato Institute also posted a little video as well:
Tags: Bill of Rights, civil liberties, constitution, history, rights
This is the fourth article in a series on taxation leading up to Tax Day, April 15.
The Fourth Amendment (IV) of the Bill of Rights says:
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.
I read this amendment as saying that the only time “reasonable search” of my possessions – which includes information about me as well – can occur is when a warrant has been issued with probable cause. All other searches I am free to reject, for any reason whatsoever.
So how can the government claim the right to require me by force to give up information about my income?
If you don’t believe that, well then… the Ninth Amendment (IX) says:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The language here is a bit tricky, but stick with me… The word “enumeration” according to Dictionary.com means, “To count off or name one by one; [to] list.” So we should read this as, “Yo, America, you know those rights specifically listed? That’s not all, everything else is yours too.” In other words, your rights are assumed, not given by the government.
Let’s ask again, what right does the government have to my income, or even the information about my income? Constitutionally, the government does not have the right to force information about my income from me.
Of course, this didn’t stop Congress from trying on various occasions, and it didn’t stop them from passing the Sixteenth Amendment (XVI):
The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.
Notice the wording at the end, “without regard to… enumeration.” So essentially, Congress at the time understood that the Constitution forbid them from doing this very thing. It was embedded in the Fourth and Ninth Amendments that this this right belongs to us, and yet no longer.
What happens when the Constitution is now inconsistent with itself? Do we really have a right to privacy, or not?
Or am I wrong to interpret the Constitution in this way? No wonder the repeal of the Sixteenth Amendment is so high on Ron Paul’s to-do list. If Congress has the power to repeal rights with the stroke of a pen, we are steps away from tyranny. Perhaps we are already there…
Thanks to Greg at The Holy Cause for inspiring part of this article.
Previous Article | Next Article | Full List
Tags: Bill of Rights, constitution, economics, taxes
Norman Horn is the creator and primary writer for LCC. Learn a little bit about him in the 