Constitution and the Bill of Rights
The Constitution establishes 3 branches of government: executive, legislative and judicial. The founders believed they were entering a voluntary compact among states rather than yielding their sovereignty to an all powerful national government. In fact, The Federalist #45 Madison explained that the powers delegated to the federal government was 'few and defined,' while those remaining with the states were 'numerous and indefinite.'
According to Article II of the Constitution, 'each state retains its sovereignty, freedom, and independence and EVERY power, jurisdiction and right...'
According to Article III the states entered into a formal relationship for "common defense, security of liberties, their mutual and general welfare."
The Bill of Rights purpose is TO LIMIT the authority of the federal government. Technically, these are not 'our rights' it limits the federal government! It is not exhaustive of the rights of the people or state.
Ninth Amendment
This amendment was drafted to address the concerns of those who feared that if certain rights were singled out for protection, all other rights would be insecure.
Tenth Amendment
Guarantees the states' rights to self-government. If it is not spelled out in Article I, Section 8, then it remained reserved to the states or to the people.
In conclusion, the Constitution puts chains around the powers of federal government limiting their sphere. To ensure those at the federal level understood the proper sphere the Bill of Rights gives them specific but not exhaustive rights that the federal government CANNOT INFRINGE!
Next assignment:
Read the First Amendment and answer this question:
LBJ passed and signed 501c3 is this constitutional?
Saturday, September 11, 2010
Friday, September 10, 2010
What does moral rectitude mean?
According to the 1828 Dictionary (the height of the English language)
Moral: Relating to the practice, manners or conduct of men as social beings in relation to each other, and with reference to rights and wrong. The word however may be applied to actions which affect only or primarily and principally, a person's own happiness.
Rectitude: In morality, rightness of principle or practice; uprightness of mind; exact conformity to truth, or to the rules prescribed for moral conduct, either by divine or human laws.
Therefore this blog relates to the practice and manners of man (which consist of male and female) in regards to the principles, truth and moral conduct at the federal and state levels of government.
Let us come together and discuss issues always mindful of the importance of NOT making this personal nor disparage one another.
Moral: Relating to the practice, manners or conduct of men as social beings in relation to each other, and with reference to rights and wrong. The word however may be applied to actions which affect only or primarily and principally, a person's own happiness.
Rectitude: In morality, rightness of principle or practice; uprightness of mind; exact conformity to truth, or to the rules prescribed for moral conduct, either by divine or human laws.
Therefore this blog relates to the practice and manners of man (which consist of male and female) in regards to the principles, truth and moral conduct at the federal and state levels of government.
Let us come together and discuss issues always mindful of the importance of NOT making this personal nor disparage one another.
Donna
Mission Impossible!
Good morning! Your mission, should you choose to accept it, involves the recovery of a stolen item designated as "the original documents". You may select any two team members, but it is essential that the third member of your team be Donna Baker. She is a civilian, and a highly capable housewife. You have forty eight hours(ok, one week) to read the 9th and 10th amendments to the Constitution otherwise known as the Bill of Rights and meet on the internet to discuss it and receive your next assignment. As always, should any member of your team be caught or killed, the Secretary will disavow all knowledge of your actions. This message will self-destruct in five seconds.
Thursday, September 9, 2010
The Bill of Rights and the Preamble
Preamble:
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.
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.
Amendment 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.
Amendment 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.
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 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.
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 defence.
Amendment 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 re-examined in any Court of the United States, than according to the rules of the common law.
Amendment 8 -
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment 9 -
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
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.
Ratified 12/15/1791.
"Congress of the United States begun and held at the City of New York, on Wednesday the fourth of March, one thousand seven hundred and eighty-nine.
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 ensure the beneficent ends of its institution, be it resolved,
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 ensure the beneficent ends of its institution, be it resolved,
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.
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.
Amendment 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.
Amendment 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.
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 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.
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 defence.
Amendment 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 re-examined in any Court of the United States, than according to the rules of the common law.
Amendment 8 -
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment 9 -
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
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.
Ratified 12/15/1791.
Rome fell SEPTEMBER 4, 476AD.
In the centuries preceding, Rome was overrun with illegal immigrants:
Visigoths, Franks, Anglos, Saxons, Ostrogoths, Burgundians, Lombards
and Vandals.
They first assimilated, many working as servants, but soon came so
fast they did not learn the Latin language.
Though militarily superior and marching on advanced road systems, the
highly trained Roman Legions were strained fighting conflicts
worldwide, and eventually troops had to be brought home from the
frontiers, such a Britain.
Attila the Hun committed terrorist attacks, wiping out whole cities.
Rome had a trade deficit, having outsourced its grain production to
North Africa, and when the Vandals captured that area, Rome did not
have the resources to retaliate.
"Bread and the Circus!" Citizens of Rome were kept distracted with
violent entertainment in the Coliseum and Circus Maximus, living on
welfare and free bread.
One Roman commented:
"Those who live at the expense of the public funds are more numerous
than those who provide them."
Tax collectors were "more terrible than the enemy."
Rome was crippled by huge government bureaucracies and enormous
public debt.
A history of court favoritism, infidelity, exposure of unwanted
infants, perverted bathhouses, and sexual immorality led 5th-Century
historian Salvian to write:
"O Roman people be ashamed...Let nobody think otherwise, the vices of
our bad lives have alone conquered us."
Visigoths, Franks, Anglos, Saxons, Ostrogoths, Burgundians, Lombards
and Vandals.
They first assimilated, many working as servants, but soon came so
fast they did not learn the Latin language.
Though militarily superior and marching on advanced road systems, the
highly trained Roman Legions were strained fighting conflicts
worldwide, and eventually troops had to be brought home from the
frontiers, such a Britain.
Attila the Hun committed terrorist attacks, wiping out whole cities.
Rome had a trade deficit, having outsourced its grain production to
North Africa, and when the Vandals captured that area, Rome did not
have the resources to retaliate.
"Bread and the Circus!" Citizens of Rome were kept distracted with
violent entertainment in the Coliseum and Circus Maximus, living on
welfare and free bread.
One Roman commented:
"Those who live at the expense of the public funds are more numerous
than those who provide them."
Tax collectors were "more terrible than the enemy."
Rome was crippled by huge government bureaucracies and enormous
public debt.
A history of court favoritism, infidelity, exposure of unwanted
infants, perverted bathhouses, and sexual immorality led 5th-Century
historian Salvian to write:
"O Roman people be ashamed...Let nobody think otherwise, the vices of
our bad lives have alone conquered us."
Liberty
"Liberty must at all hazards be supported. We have a right to it, derived from our Maker. But if we had not, our fathers have earned and bought it for us, at the expense of their ease, their estates, their pleasure, and their blood." --John Adams
"Every child in America should be acquainted with his own country. He should read books that furnish him with ideas that will be useful to him in life and practice. As soon as he opens his lips, he should rehearse the history of his own country."
--Noah Webster, On the Education of Youth in America, 1788
--Noah Webster, On the Education of Youth in America, 1788
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