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Sunday, February 23, 2014

CASHING IN THE BILL OF RIGHTS. TRUTH, JUSTICE AND THE AMERICAN WAY.

The American way of life is the way of liberty. Said another way, it is the way of self-rule, of autonomy. At least it used to be. 



There were Americans long ago who had it right. Government is a creature of men and women living in society of property, a creature that must be controlled and contained. The creature never should never grow bigger and stronger than its creators. 
That is why those Americans gave us the Bill of Rights. All of the Bill of Rights deals with the duties the then newly formed federal government had with respect to any individual. 

However, since World War 1, successive Congresses have stripped Americans of the American way, little-by-little. Many Americans have been content to let this happen as long as they have gained income through subsidy, welfare or monopoly. 

The biggest failing in discourse over the Bill of Rights is the lack of talk emphasizing the duties of Congress and agents of government has to any American.

The Bill of Rights has nothing to do with the states in compact, which is what the rest of the Constitution details. The only mention of states within the Bill of Rights is in the 10th.

A reading of the Bill of Rights with the words of then-prevailing English explained reveals how far many Congresses have gone against the Constitution and the Bill of Rights. What most fail to see is how the U.S. Supreme Court works in favor of its employer, Congress.

Acts in the 20th Century and even more so in the 21st Century have been disastrous to Americans and our Bill of Rights.

There isn't a United States without full adherence to the Bill of Rights. The Constitution becomes null and void without full compliance by Congress and its executive in their duties to our rights and their prohibition from our liberties.


1st Amendment

Congress can't make laws and thus diminish liberty (autonomy, or self-rule) regarding religion, public speaking, public congregation, public petition.


2nd Amendment

Congress and its executive have a duty not to interfere in anyone's expressly stated right both to possess (keep) weapons of any kind (arms) — guns, knives, spears, axes, shields — and to bring forth (bear) those weapons whenever. 


3rd Amendment

Congress is denied the right and thus any individual lacks the duty to house any soldier during peace — when Congress has not declared war. Only owners of houses have the duty to house soldiers during times when Congress has declared war, but Congress can only exercise this right if describing the exact manner of such housing with law.


4th Amendment

Congress and its executive have a duty not to interfere in anyone's expressly stated right of possession (secure) over themselves, their houses and contents thereof, their documents and everything they have produced (effects). Only when an agent of the Federal Government has a warrant that specifically and in detail describes exactly where should be searched, exactly what should be taken in possession (seized), and exactly who should be taken in possession (seized), can such an agent act. 


5th Amendment

Congress and its executive have a right to assemble a Grand Jury but have a duty to present legal document containing a charge (indictment) against anyone for a capital crime. 

Anyone has the right to ignore any claims of having committed a capital crime, unless Congress exercises its right to assemble a Grand Jury and perform its duty of indictment. 

Congress and its executive have the right to ignore the foregoing involving military personnel during times when Congress has formally declared war or when there has been decree of public danger. 


Anyone has the right not to be tried twice for the same crime. Anyone has the right to not testify against himself. 

Thus, government has the duty to not attempt to try anyone twice. Anyone of government has the duty to not try to force someone to testify against himself. 

Therefore, government lacks authority for torture. Anyone of government has the duty not to try to trick anyone into testifying against himself.

Congress and its executive have the duty to establish law and then perform in adherence to that law before taking anyone's life or right of ownership (property) in anything or before restricting anyone's liberty (autonomy, self-rule).

When Congress and its executive have fulfilled their duty to establish law to take away anyone's right of ownership (property) in something so that all Americans can use it (public), Congress must pay that one the prevailing market price (just compensation; equitable weighing of one thing against another) and not merely any sum they feel like paying.


6th Amendment

Congress and its executive have the duty to prosecute anyone (liability) in open court (public) and to do so swiftly (speedy; without delay). Thus, anyone has the right to be prosecuted only in open court and in short time from when being charged with a crime.

Anyone accused has the right to be judged by an impartial jury. Congress and its executive have the duty to assemble an impartial jury.

Congress and its executive have the duty to define legal districts and prosecute anyone only in that district.

Anyone accused has the right to be judged only within the court district where the alleged crime has been committed. 

Anyone accused has the right to be told the reason for action (cause) and what supposedly happen (nature; course of things).

Congress and its executive have the duty to present witnesses.

Congress and its executive have the duty to create law which establishes the means for anyone accused to have supporting witnesses (witnesses in his favor). 

Congress and its executive have the duty to create law which establishes the means for anyone accused to have a lawyer (Assistance of Counsel for his defence).

Anyone has the right to have supporting witnesses (witnesses in his favor). Anyone has the right to have lawyer.


7th Amendment 

Anyone has the right to a jury at trial when facing a loss of more than twenty dollars as the outcome.

Anyone has the right to not face twice in subsequent court the same facts presented in a case when that one faces a loss of more than twenty dollars as the outcome.


8th Amendment 

Congress and its executive have the duty to not impose oppressive (excessive) bail. 

Congress and its executive have the duty to not impose oppressive (excessive) fines.

Congress and its executive have the duty to not impose neither rude, unfeeling, bloody (cruel) punishment nor not ordinary, not custom (unusual) punishment.


9th Amendment

Merely listing the foregoing rights does not give Congress the right to later define duty upon anyone in other matters not contained in the Constitution, stripping anyone of liberty and imposing duty upon them.


10th Amendment

Unless expressly stated in the Constitution, Congress and its executive lack the authority (power)  to override the capacity (power) anyone has in liberty (autonomy, self-rule). 

As well, when the Constitution prohibits the States' legislatures and their executives from having authority (power), anyone keeps his capacity (power) in liberty (autonomy, self-rule). 

Only when the Constitution fails to prohibit the States' legislatures and their executives from having authority (power), can the States' legislatures and their executives take it upon themselves to establish law and thus imposing duty and conferring right.


For a crash course in jurisprudence, read here:

LAW VS LIBERTY AND THE AMERICAN WAY.