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Forum Post: Reflections on the Bill of Rights on Eve of NDAA 2012

Posted 10 years ago on Dec. 13, 2011, 6:22 p.m. EST by Proftrek (5)
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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



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[-] 1 points by AFarewellToKings (1486) 10 years ago

thanks for posting

[-] 1 points by Windsofchange (1044) 10 years ago

Well, let see The Patriot Act which should be immediately repealed because it is unconstitutional easily violates our 1st and 4th amendment rights. The NDAA bill (soon to be a law) could easily violate a whole load of our constitutional rights.

Let's see if one is not allowed a trial to defend themselves (they have no voice). If our Government could have American citizens thrown in jail for speaking out on something they find wrong by calling it belligerent behavior and further labeling the person a terrorist then you can SAY GOODBYE TO FREEDOM OF SPEECH.

If our government gets abusive with who they call a terrorist (please see DSH 2009 report on the profile of a Domestic Terrorist, also look at the Missouri Militia Movement's profile--it is scary because it could be anyone). They could easily confiscate the guns of those suspected of terrorism. Also, under Marshall law, our constitutional rights are suspended, and guns could easily be confiscated then. If this happens then SAY GOODBYE TO THE LONG CHERISHED SECOND AMENDMENT.

Since NDAA is a Fascist piece of legislation, the military could drop by your house at anytime to take you to a military prison. The door is being opened wide for a police state and this amendment could easily be violated. SO SAY GOODBYE TO THE THIRD AMENDMENT.

The Fourth amendment has already been violated under The Patriot Act. No search warrant is needed if you are suspected of engaging in terrorist activities. They can enter your house at any time (whether you are home or not and take what they want). The NDAA would only take things to the next level. SO GOODYBYE FOURTH AMENDMENT.

The Fifth, Sixth, and Seventh amendments will be seriously violated when this bill becomes law. If you are suspected of terrorism (remember the lists I mentioned earlier which could represent millions of Americans) then they just come and get you no matter where you are in this world--without you being charged of anything and having a trial--and you could be locked up indefinitely. Also, if they have there way there would be no such thing as double jeopardy. You are guilty as sin in their eyes. Say goodbye to lawyers representing you and to a jury of your peers hearing your case--because there will be none. So say GOODBYE TO OUR FIFTH, SIXTH AND SEVENTH AMENDMENTS.

Once you are in military prison they can hit you with all the cruel and unusual punishment they want. Remember, water boarding for real terrorists? Well, who will make sure that suspected terrorists are treated right. Habeas Corpus and the Geneva Convention Human right laws will be ignored, as they put more value in the NDAA law which they believe overrides this. So say GOODBYE TO OUR EIGHT AMENDMENT.

Forget the Ninth amendment and the Tenth amendment. Our constitutional rights will be greatly violated by this Fascist legislation. There is no respects for the rights of the American Citizens anymore. There will be many more draconian laws to come. Also, if any of our State Governments try to do something for the people, they will squash it. So time to SAY GOODBYE TO THE NINTH AND TENTH AMENDMENTS AS WELL.

Thank you for listing the Bill of Rights and how they are being violated at this time. I just thought I further emphasis this, so anyone who reads this becomes very alarmed by this horrible bill and what will happen to our Bill of Rights once it passes. I just wished more people were outraged by this--they should be, instead I see such a disconnect. Only a few get it--the rest do not. Sad, just very sad.