Monday, November 27

Know Your (Bill of) Rights

In Iowa, our state motto is "Our Liberties We Prize, and Our Rights We will Maintain." What courageous words-- it makes me proud to call Iowa my home.

On December 15, 1791, the first ten amendments to the US Constitution were approved. These ten amendments (that we call the Bill of Rights) are worthy of our constant appreciation and vigilance, whether we personally agree with them in their entirety (or question their intended meaning and how they are interpreted). These laws have made it possible to largely live in a free country and for the rights of people to become more inclusive over time.

Having said this, it doesn't mean always live up to the promise of America--ask those in the GLBT community, people living in poverty, women, and minorities. Moreover, in times of perceived danger, the first reaction is often to curb liberties, ostensibly to protect us from those who would do harm. Reasonable people understand that governments tend to be paternalistic, even republican democracies such as ours. Still, it should always concern us that the same government we rely on to protect us, often over-reaches and errs in ways that challenges our basic freedoms.

It was those experiences that caused our Founders to create the Bill of Rights. It was the understanding that when people seek freedom, that their government should support the "life, liberty, and the pursuit of happiness." Our Founders reasoned correctly that the guiding principles of our Constitution should strike the balance between that which protects us and that which keeps us free.

In my community, we have petitioned the City Council to declare December 15th, 2006 "Bill of Rights Day". The City has agreed to issue a proclamation on 12/12/06 to that affect. Given recent challenges to civil rights and liberties, it is pleasing to see local government receptive to the idea of something that is greater than it and greater than all of us--a set of rules that help us to be decent human beings.

Regardless of political stripe, we can agree that these ten amendments, the Bill of Rights, are important to us all. It really is up to each of us to know our rights and to say "stop" when we see them being abridged. To that end, take a minute and remind yourself what your rights are:

The Bill of Rights

The Conventions of a number of the States having, at the time of 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 insure the beneficent ends of its institution;

Resolved, by the Senate and House of Representatives of the United States of America, in Congress assembled, two-thirds of both Houses concurring, that the following articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States; all or any of which articles, when ratified by three-fourths of the said Legislatures, to be valid to all intents and purposes as part of the said Constitution, namely:

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 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 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 defense.
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 reexamined 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.

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