Clearly we are not like the people who founded the country and wrote the constitution. Shouldn't OUR Bill of Rights reflect what we've become?
Absolutely everything changed in the United States since the Bill of Rights was adopted. Yet we still use the original words in those first 10 Amendments, forcing interpretations strained and inconsistent.
And no wonder. We've gone from a country of a few million with a mostly common background to more than 300 million with very little in common.
A country that in 1776 needed to band together for safety now lives in gated 5000-home subdivisions and 1,000-unit condominiums and gets in each other's way at every turn.
Americans traded away the nation's birthright of justice for a magic bullet, and replaced the Pioneer Spirit with the Pioneer Stereo.
It's time to bring the Bill of Rights into the 21st century. We demanded new interpretations from the courts for today's complex world, and we got them. We demanded new laws from Congress and they passed them. We demanded from the administration severe restrictions on freedom and got that.
Those interpretations, those laws, those authoritarian restrictions define this nation today, not the Bill of Rights.
We even need to adjust the Preamble to the Constitution to reflect what we want from it now:
"We the people of the United States, in order to form a more regulated union, insure homeland security, provide for the commie defense, promote corporate welfare, and secure the blessings of liberty for our elected officials and our corporations, do ordain and establish this Constitution for the United States of America.
Every provision listed below is an actual change in the Bill of Rights made by one or more of the three branches of government at the urging of our fellow Americans, and is now the law of the land.
Congress shall make no law establishing religion, but shall act as if it did; and shall make no laws abridging the freedom of speech, unless such speech can be construed as "commercial speech" or "irresponsible speech" or "offensive speech" or otherwise categorized; or shall abridge the right of the people to peaceably assemble where and when permitted; or shall abridge the right to petition the government for a redress of grievances, under approved procedures.
It shall be unlawful to falsely cry "Fire!" in a theatre occupied by three or more persons, unless such persons shall belong to a class declared Protected by one or more divisions of Federal, State or Local government, in which case the number of persons shall be one or more.
Irrespective of the foregoing and no matter the intent, it shall be a punishable offense to utter certain words in or near any airport under United States jurisdiction. The Congress and the executive branch shall from time to time determine the words and the punishment for using them.
AMENDMENT IIA national military force shall be maintained under control of the President, and no State may maintain a military force beyond Presidential control. Any Amendment to this Constitution barring involuntary servitude shall not apply to conscription by the military. The right of the people to keep and bear arms shall be determined by the Courts, the Congress, the States, the Cities, the Counties, the Towns, and activities of the National Rifle Association.
AMENDMENT IIINo soldier shall, in time of peace, be quartered in any house without the consent of the owner, unless such house is believed to have been used, or believed may be used, or believed could be used, for some purpose contrary to law or public policy.
AMENDMENT IVThe right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures may be suspended at any time upon the words "Homeland Security." Any place or conveyance shall be subject to search by authority of any political division, and any such places or conveyances, or any property within them, may be confiscated without judicial proceeding if conceivably usable in a manner contrary to law.
AMENDMENT VAny person may be held to answer for a crime of any kind, or for utterance or writings interpretable as planning or encouraging a crime, or when believed to be aware of a crime, or for thinking of committing crimes, and may be denied liberty by the local, state, and federal judiciary; and put in jeopardy of life while incarcerated; and may be compelled to be a witness against himself by the submission of his body or any portion thereof when so ordered; or by his own testimony in proceedings excluding criminal trial. Private property forfeited or confiscated under judicial authority shall become the property of the governments of competent jurisdiction, and shall be immune from seizure by injured parties. Government may use the right of eminent domain to accomplish economic or social aims without regard for public use.
AMENDMENT VIIn all criminal prosecutions the accused shall enjoy the right to avoid prosecution by exhausting the legal process and its practitioners. Failure to succeed shall result in speedy plea-bargaining. Convicted persons shall be entitled to appeal until sentence is completed, and beyond. It shall be unlawful to bar or deter an incompetent person from service on a jury.
AMENDMENT VIIIn all criminal and civil matters where a person is involved whose private life may interest the public or can be made to, the right of trial in the Press shall not be abridged.
AMENDMENT VIIISufficient bail may be required to ensure that dangerous persons remain in custody. However, there shall be no right of the public to be protected from dangerous persons, and such protection shall be dependent upon incarceration facilities available.
AMENDMENT IXThe enumeration in the Constitution of certain rights shall be construed to deny or discourage other rights which may from time to time be extended by the branches of Federal, State or Local government, unless such rights shall themselves become enacted by Amendment. The hazards of "Homeland Security" shall surmount any Constitutional, legislative, or judicial rights so enumerated.
AMENDMENT XThe powers not delegated to the United States by the Constitution shall be deemed to be powers residing in persons holding appointment therein through the Civil Service, and may be delegated to the States and local Governments as determined by the public interest. The public interest shall be determined by the Civil Service.
The post-9/11 round-up, arrest, and detainment of hundreds of men without bond, trial, or habeas corpus is not new. It has always been allowed by the US Constitution, which terms habeas a privilege, not a right.
Article 1 - Section 9 - Paragraph 2
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
Another president beside Bush and Obama to decide public safety required it was Abe Lincoln. They shot him.
|The name Freeware Hall of Fame is
Service Marked by
Rey Barry (rey at cstone.net)
All rights reserved
Page last updated on April 1, 2014