First Amendment
1. 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.
Restricting the right to worship any time or any place under any condition is an affront to the basic idea of ‘Prohibiting to free exercise thereof’. This our Supreme Court did thi, and our Congress didn’t challenge their decision. The idea was clearly freedom to worship even though the public disapproved. Nowhere in this document does it give a non believer any rights other than they just don’t have to participate until the Supreme Court made their decision.
The January 6th group held; they had a right to act as they did although people were killed and injured, also there was no petition of grievance.
Second Amendment
2. 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.
The January 6th group also use the 2nd amendment as justification for what they did. Again they were wrong. There are two regulated militias in the United States. The US army and the National Guard. There are many gun clubs and organizations that could be incorporated in one of the states’ national guard, but the clubs themselves are not the well regulated militia this amendment mentioned here.
3. 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.
There seems to be not problem here, but could be a concern if we had a state of revolution.
4. 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.
We understand this is a good idea, but is sometimes used when an obvious felony has occurred. It is too complicated for me to discuss.
Fifth Amendment
5. 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.
The 5th amendment is over used but is necessary.
Sixth Amendment
6. 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.
In the case of criminal activities this amendment is fine, but in the case of drug addition and mental health these rights are mostly violated. Therefore, the guilt is assumed and the difference in drug addiction and mental health is ignored. At that point the victim is the incarcerated person.
This does not mean crimes should be excused, but when treatment is necessary it should be given.
7. 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 common law.
The amount has gone up and the court of appeal is active. Also all states are not common law states. However the appeal process is very slow and justice does not happen in any speedy way unless you can afford to control the process. Money talks in our justice system.
Eighth Amendment
8. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
We have lost the whole idea behind this amendment. There is much cruelty in our incarceration system with no help for the incarcerated. They are not given any education help and are turned out with no financial support. It seems that the incarceration is only part of their punishment. They have to keep paying even though their time has been served.
Ninth Amendment
9. The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.
Today in these times this amendment is decimated by most of us. The government and most of us people look down on women, blacks, Latino, or any person that does not think the way we think they should.
The only answer I can think of here is the love of God should be exercised as much as possible.
Tenth Amendment
10. 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.
This is a good right that indicates to me that the people have the power to run the states and the states gave that right to the Federal government which can be taken back if necessary by the states with a Militia organized by the states.
When one reads these Bill of Rights one understand how far we have strayed from original concept, but can also realize how far we have come. We don’t need a new constitution, but we do need to pass laws that support the concept given therein.
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