Tag: constitution
Just plain unconstitutional
by drinker on Jun.08, 2009, under Politics
On June 2nd 2009 a U.S. court of appeals stated that Chicago’s ban on handguns was constitutional because the United States Constitution does not apply to laws enacted by the states and municipalities. You can read the whole unconstitutional story here. But let us look at the key paragraph in the story.
“The unanimous three-judge panel ruled today that a U.S. Supreme Court decision last year, which recognized an individual right to bear arms under the U.S. Constitution’s Second Amendment, didn’t apply to states and municipalities.”
I can only ask what the hell these jerks were smoking when they came up with this rational. This above statement, and precedent this sets, can now be applied to the rest of the bill of rights. Whichever side of the gun debate you come down on you must understand that the rational for upholding Chicago’s ban on hand-guns to be at best just damn scary. This statement essentially says that states and smaller municipalities can disregard the United State’s constitution and the bill of rights. What is stopping your po-dunk little town from restricting free speech? According to this ruling nothing is stopping them.
I believe that the founding fathers really thought they had some very specific rights that shall not be infringed upon. Well they outlined with the bill of rights. Each one had a specific purpose that was to ensure that no matter what happens, the people will always have the government of their liking or at the very least one they do not want to throw off a cliff.
Let us go through the bill of rights and do a quick scan of what each can mean.
The 1st amendment
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.
Ok this amendment is to ensure that people can still bitch and moan about the crappy government they have. It also ensures that they can go to whatever church they want or not to go at all. In other words six days out of the week we can bitch about all the jerks in the government and on the seventh day we get to have someone tell us how we are big jerks
The 2nd amendment
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
This amendment was actually intended for two things. Ironically neither is the primary reason it is defended today. The most obvious reading is to protect the people from an outside threat. But upon closer reading it is actually the constitutional reset button. Nothing keeps a room full of people honest like knowing everyone is armed.
The 3rd amendment
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.
The idea behind this amendment has more to do with the time period then almost anything else. But upon closer inspection an additional purpose could be derived from it. I would imagine that exercising your free speech rights would be a little dicey sitting across the table from someone with an M-16.
The 4th amendment
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.
This amendment was most notably under scrutiny during the Bush years for the unwarranted wire-taps. The primary reason behind this amendment was to make sure that the government could not go on fishing expeditions in your house looking for anything to charge you with. After all I think everyone has something in their closets that could at the very least get them a fine.
The 5th amendment
No person shall be held to answer for any 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.
This amendment is to ensure that people just don’t get thrown into prison. It is also intended to set up the judicial system in such a way as to ensure that the prosecution must prove guilt. This amendment was also setup so that the government cannot willy-nilly take your private property. The last part was blasted apart by the Kelo vs City of New London.
The 6th amendment
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 where in 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.
This amendment is also to ensure that people cannot be railroaded into prison. It also ensured great day-time TV during the OJ Simpson trial.
The 7th amendment
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.
I will honest with you, I have no idea about this one. I think it has something to do with making sure cases involving large sums of money have a jury look at them. I also think that it states that a jury decision shall not be overturned.
The 8th amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
If this amendment was actually followed we would not have shows like Dogg the bounty hunter. But the idea behind this was to ensure that while people were to be tried for a crime they would not have to stay in prison. Given that anyone can be arrested on the flimsiest of evidence, in theory a person could be held in prison indefinitely by continuous re-arrest. In addition it was intended to make sure that there was no Tower of Philadelphia, which would obvious have to be just a little taller than the tower of London.
The 9th amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people
Even the founding fathers had to write a catch all amendment just in case, during the all day beer drinking feasts they forgot something. If you are wondering what this really means, then let me explain. Basically this states that if there is no-law against something and it does not interfere with any of the other amendments you can indulge to your heart’s content.
The 10th amendment
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
This amendment has been frequently misused by the federal government. The original idea of the federal government was that it handled international matters and disagreements between states. If states did not want to handle everything exactly like every other states then they could do as they please, provided it did not break with constitution. Which of course the above ruling screws up but who is counting.
Well that was your constitutional lesson for the day. I am sure that the four of you reading this are happy that this long post is finally done.
I got the constitutional stuff from wikipedia
