Difference between revisions of "American Government Lecture One 2007"

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'''A Discussion on the Bill of Rights'''
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''A work in progress.  Please be patient.''
 
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The preamble to and the text of the Bill of Rights:
 
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The conventions of a number of the States having, at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added, and as extending the ground of public confidence in the Government will best insure the beneficent ends of its institution.
 
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Resolved,
 
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By the Senate and House of Representatives of the United States of America, in Congress assembled, two-thirds of both Houses concurring, that the following articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States; all or any of which articles, when ratified by three-fourths of said Legislatures, to be valid to all intents and purposes as part of the said Constitution, namely:
 
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'''Amendment I.'''
 
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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 redress of grievances.
 
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'''Amendment II.'''
 
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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.
 
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'''Amendment III.'''
 
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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.
 
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'''Amendment IV.'''
 
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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.
 
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'''Amendment V.'''
 
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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 deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
 
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'''Amendment VI.'''
 
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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 districts shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witness against him; to have compulsory process for obtaining witnesses in his favor, and to have Assistance of Counsel for his defence.
 
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'''Amendment VII.'''
 
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<br />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 re-examined in any court of the United States, than according to the rules of the common law.
 
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'''Amendment VIII.'''
 
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Excessive bail shall not be required nor excessive fines imposed, nor cruel and unusual punishment inflicted.
 
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'''Amendment IX.'''
 
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The enumeration in the Constitution, of certain rights, shall notbe construed to deny or disparage others retained by the people.
 
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'''Amendment X.'''
 
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The powers not delegated to the United States by the Constitution, prohibited by it to the States, are reserved to the States respectively, or to the people.
 
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Some preliminary statements about the Bill of Rights and the conventions used herein:
 
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On March 4, 1789 twelve (12) amendments were presented in the first session of Congress.  Of these, the first two (2) were not adopted at that time.  The remaining ten (10) articles were ratified on December 15, 1791 and have since become known as the "Bill of Rights."  You may note that I include the original preamble of these amendments which was itself ''part of the original proposal given to the several States.''
 
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About prambles: Webster's defines a "preamble" as "an introduction, esp. one to a constitution, statute, etc., stating its reason and purpose".  This is my ''first convention'': that a preamble is nothing less than a statement or purpose that tells you why something was adopted or respected.
 
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Another convention I use deals with what I call the difference between "definitive article" and the "indefinite article."  The difference is that the former is capitalized as if it were a proper noun and is used to indicate that a specific thing or sort of thing is being discussed rather than that same sort of concept in general.  The idea is that the Founding Fathers were very careful with their grammar and took pains to indicate when they were speaking towards a specif end or just speaking in general.
 
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A related convention used is taken from an old trick in interpretation of any text: when a Person or persons (with similar habits) use a word in a similar context: then the word will mean the same thing.  For example (and I know I'm getting ahead of myself here): "establishment" is used twice in the whole of the Constitution as amended.  In '''Article VII''' and  the 1st Amendment.  By this convention the word must mean the same thing in both appearances (even though one is capitalized and the other isn't) so that one can use the context and meaning of the one to clarify the context and meaning of the other.  Given the assertion that the Founding Fathers were very careful in the grammar they used, I imagine that this is a very reasonable claim to make.</blockquote>
 

Revision as of 16:16, June 30, 2007

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