Without the industrial revolution we might never have arrived at the present
century, wired and connected as we are. More importantly, without the
Constitution and the Bill of Rights we would not have the freedom to participate
– or not, according to our personal preferences – in this sometimes strange new
world. Therefore, we must never take for granted what a group of prescient men
did for us in 1789. These men, many of whom left their original homelands in
search of freedom, never forgot that freedom is a right that must be guarded
because it seems as though in an exercise of power, there are those who look for
ways to deny it.
Such a simple thing – freedom – but probably the most complicated commodity in
the world. Why is protecting it so fraught with difficulty? For one thing, there
must be limits so that when my freedom is exercised it doesn’t impinge on the
boundaries of the freedoms of others.
See, it gets complicated already. Forget the computers and cell phones. The
tablets of stone given by the Almighty to Moses, take us back to a much simpler
time. Directives to honor one God, whose name is never taken in vain; having a
Sabbath day to rest and honor God; honoring your father and mother; not killing
anyone, committing adultery or stealing. The last two directives admonish that
you not bear false witness against anyone or covet any of their possessions and
that being a time before liberation entered the language, said possessions could
include someone else’s wife. Today we could amend it to include a husband, and
we are certainly a nation with strong feelings for amendments, the founding
fathers be praised.
The Ten Commandments seem too simplistic for this convoluted world but the Bill
of Rights – amazing document that it is – addresses all of the above and
protects us from ourselves and from one another. The first Article specifies
that the number of representatives be based on the size of the population and
that the compensation of these representatives be changed only by a vote – their
vote, not ours but remember there’s always the next election. The third Article
protects the freedom of religious practice, freedom of speech, press, the right
to peaceably assemble and to petition the government for a redress of
grievances. Article four pertains to the necessity of a militia to protect a
free state and therefore the right of the people to bear arms. Article five
prohibits soldiers from living in a person’s house without their consent and in
wartime, only in a manner prescribed by law. Article six protects the people
from unreasonable search and seizures and this is where that little Warrant
thing enters the picture. Article seven protects us from frivolous accusations
of a crime without due process and this includes such things as double jeopardy
and not having to be a witness against oneself, or being deprived of life,
liberty and property without the same due process. Article eight introduces
trial by jury as a right, the right of counsel and other collateral conditions.
Articles nine and ten deal with maters pertaining to court costs and prohibition
of excessive bail. Article eleven states that certain rights in the constitution
shall not deny other rights held by the people. Article twelve explains that
certain powers belong to the United States, and other powers belong to
individual states or to the people and ne’er the twain shall interfere.
That’s it in a very small nutshell and on reexamination, it’s clear that the
founding fathers wanted the United States to be a democracy of the people, by
the people and for the people. Such phrases as “inalienable rights” and “life,
liberty and the pursuit of happiness” resound and renew our faith in the framers
of our Constitution.
Now fast forward to a more recent document, the USA Patriot Act or what I prefer
to call the Bill of Wrongs. It violates the fourth, fifth, sixth and eighth
Amendments. This Act is dangerous because most Americans have no idea of its
true meaning. They believe it exists in response to 9/11 but its proponents have
been trying to pass it way before that date. The 1996 anti terrorism laws have
been called unconstitutional by federal courts but the present administration
doesn’t care that it undermines the constitution and hurts the rights of
citizens as well as immigrants. Let’s not forget, that we are a nation of
immigrants – just scratch the trunk of your family tree.
The following is an example of what the Act means to you as a private citizen.
The Department of Justice can get a list of what you read from libraries and or
bookstores and the government says that if you’re not a terrorist you have
nothing to worry about. But what if you read like one? How about “Treason” or
the “Anarchist Cookbook” If we’re being watched there’s always a possibility
that we’ll be tarred with a brush of something we are not. Use of the phrase, “a
threat to national security” can cover what the government perceives as a
multitude of sins. Are all peace activists, environmentalists and political
opponents a threat to national security and should they be included in the last
roundup?
The Secret Evidence Repeal Act is a perfect example of lawmakers and citizens
who decry the use of secret evidence. No one in a democracy should be indicted
on the basis of evidence that can’t stand scrutiny. Such evidence is anathema to
national security.
On June 21, 1798, speaking against the notorious Alien and Sedition Acts, the
following words are excerpts from a Senator’s speech to the senate. “If we are
ready to violate the Constitution will the people submit to our unauthorized
acts?....Do not let us be told that we are to excite a fervor against a foreign
aggression to establish a tyranny at home, that like the arch traitor we cry
‘hail Columbia’ at the moment we are betraying her to destruction; that we sing
‘Happy Land’ when we are plunging it in ruin and disgrace; and that we are
absurd enough to call ourselves free and enlightened while we advocate
principles that would have disgraced the age of Gothic barbarity.”
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