Posted 10 years ago on Dec. 13, 2011, 6:22 p.m. EST by Proftrek
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Reflections on the Bill of Rights, since NDAA 2012 might eliminate Amendments 4 – 10.
The Bill of Rights: In Sequence
by Andrew Bosworth, Ph.D. http://multipolarfuture.com/
James Madison, Thomas Jefferson, Benjamin Franklin and other Founders understood tyranny.
They understood how tyranny worked on the ground, from their encounters with Redcoat armies and Hessian regiments – agents of King George III and the Bank of England.
The Founders discovered that tyranny has a beginning, middle, and end. Thus, the Bill of Rights has an internal logic, and each Amendment represents a sequential rampart against tyranny.
First, the government will move against an individual because of what he or she thinks, believes or says – or with whom they associate.
Hence, the First Amendment’s freedom of speech, press, and religion:
“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.”
Second, the government will seek to disarm the individual, stripping him or her of all weapons.
Hence, the Second Amendment’s right to keep and bear arms:
“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.”
Third, the government will enter a person’s home.
Hence, the Third Amendment:
“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.”
Fourth, the government will inspect a person’s belongings, looking for anything incriminating.
Hence, the Fourth Amendment’s regulation of search and seizure:
“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.”
Fifth, the government will pressure a person into a confession or into submitting to arbitrary power.
Hence, the Fifth Amendment’s provisions concerning prosecution:
“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.” Sixth, the government in power will concoct illegal or extra-judicial means to prosecute an individual:
Hence, the Sixth Amendment’s right to a speedy trial, witnesses, and an attorney:
“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.”
Seventh, the government will attempt to resolve the case in secret, with a Star Chamber inquisition.
Hence, the Seventh Amendment’s right to a trial by jury:
“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.”
Eighth, the government in power will impose unfair and unjust punishments.
Hence, the Eighth Amendment:
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
Ninth, the government in power will extend its authority with new laws, decrees and statutes that infringe on personal liberty.
Hence, the Ninth Amendment’s recognition that the People retain rights.
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
Tenth, the government will persist in its efforts to write draconian laws.
Hence, the Tenth Amendment’s rights of the States under Constitution: “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.”
The 10 Amendments in the Bill of Rights do not appear randomly. Instead, they are listed in the order required to combat tyranny.
Indeed, the Bill of Rights does not “grant” any rights; instead, it simply provides a defensive perimeter to protect the natural rights that Americans already have. These natural rights are a priori, or come before, the government’s right to even exist.
If any one of the Amendments is abrogated, the entire Bill of Rights falls. It is not possible to eliminate any one of these 10 Amendments and remain free in the United States.
Andrew Bosworth, Ph.D. http://multipolarfuture.com/?p=859