
During the debates on the adoption of the Constitution, its opponents repeatedly charged that the Constitution as drafted would open the way to "tyranny by the central government."
Fresh in their minds was the memory of the British violation of civil rights before and during the Revolution. They demanded a "bill of rights" that would spell out the immunities of individual citizens. Several state conventions in their formal ratification of the Constitution asked for such amendments; others ratified the Constitution with the understanding that the amendments would be offered.
"Tyranny by the central government" - those are strong words and it's hard to imagine that we could ever see that happen in our country. The watch out is that we may be the frog in the pot. That's a reference to the parable that says if you throw a frog into a boiling pot, he will jump out. However, if you put a frog into a pot of cool water, he will stay in it. If you slowly raise the heat he will not notice it until its too late -- and he's boiled.
The founders of our country were all loyal to the Crown at one point in their lives. However, they saw that over time, the freedom they sought in this new land called America was being slowly taken away -- decree by decree -- by a central government in England. They finally came to a point where they knew that they were "slowly being boiled to death." They chose to make a stand.
Out of their courage and sacrifice came the Declaration of Independence and the Constitution with its Bill of Rights -- the first 10 amendments to the Constitution.
The preamble to the Bill of Rights clearly states their fear of a new, powerful central government that could arise if it were not restricted:
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.It's clear to me that our founding was to be based on a government that was restricted in its powers so what power it did have could not be misconstrued or abused.
I believe the founders envisioned a country where each man and woman had the freedom to pursue their own lives, liberties and happiness. They believed in equality of pursuit -- not in equality of outcomes. This freedom to, in the words of the US Army, be all you can be, led this country to be a place that everyone aspired to come to -- America became a beacon of hope for the world.
They envisioned a central government that was primarily responsible for the safety of the country with most all other powers resident in the states. They believed if power was resident in state governments then individual citizens would be closer to those who exercised that power and the rights of individuals would be more easily preserved. The farther removed power becomes, the harder it is to restrict that power and the easier it is for that power to be misconstrued.
I want to be clear, my concerns about where our country is headed are not directed solely to our current President and Congress. I'm well aware that the slow boiling of our pot started many years ago. Some constitutional scholars pinpoint the start of the boil to the early part of the 20th century with President Teddy Roosevelt. It was aggravated by Presidents Hoover and Coolidge and accelerated by President Roosevelt during the depression and World War II.
However, I am concerned that our current government is regularly ignoring the Constitution and the Bill or Rights at a pace that is unprecedented in our history. And, for the first time, they are being aided and abetted by a compliant media that is in danger of becoming a propaganda arm of this government.
I don't pretend that I have the only and final opinion on this subject, but I think it's important for every American to read the Bill of Rights for themselves as they spell out the rights each of us are supposed to have and freely exercise. Measure your understanding of your rights against these Rights and make your won conclusions.
For your reading pleasure, here are the Bill of Rights Amendments:
Amendment I
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 II
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 III
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 IV
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 V
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 offence 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 VI
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 VII
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 VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X
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.
When the founders agreed to the Bill of Rights, I believe they placed the rights they were most concerned about first. If this is true, then the first and second amendments enumerated the rights they wanted to be sure were preserved to the individual citizens of this new country.
Amendment I 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.
There are three points in this first (and in my opinion, most important) amendment
1. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof
2. Congress shall make no law abridging the freedom of speech or of the press
3. Congress shall make no law abridging the right of the people peaceably to assemble and to petition the Government for a redress of grievances
Over the next three weeks, I'll share my thoughts on each of these because I'm concerned all three are in danger of slowly being boiled to death. Then I'll tackle the second amendment on the right to bear arms.
Next week: Freedom of Religion