JULY 4 ENTRY: You have been transported back in time to 1776 and the founding fathers are asking for your opinion on the Constitution and the Bill of Rights articles that they are proposing for structuring the new government. Which ones would you keep? Which would you remove or change? Why?
I am not a politician, just a citizen.
I don’t have a masters degree in Law, I am still studying for a graduate degree.
I may not understand all the terms used in the Bill of Rights, but I do have an opinion.
Isn’t that what a democracy is about?
To be honest, I had to look up these amendments. I was never interested in history, not even American history. Would I remove any of these? I won’t. Here’s my opinion on each of those individually:
i)
First Amendment ▼
Technical terms-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.
Summary: Freedom of religion, speech, press, peaceful assembly and approaching the Government to remedy grievances.
These are the most basic of freedoms that a man can desire. If we do not even have the freedom to speak our minds, to have our own faith, to gather peacefully and discuss issues, what do we really have? Are we humans without these? NO. Perfect and most necessary rights.
ii)
Second Amendment ▼
Technical terms-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.
Summary: Freedom to bear licensed arms.
Though some might consider this as a loophole because weapons might end up in wrong hands, I think that we all need to be responsible for our lives, but not to the extent of taking the law into our own hands. After all, one can’t really wait for the police if a burglar is about to shoot his son, can he?
iii)
Third Amendment ▼
Technical Terms-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.
Summary: Protection from quartering of troops.
At first, I didn’t quite understand this right. On further research, I found that there was a law that if the state didn’t have enough houses for the soldiers, they could stay in any house, inn, stable etc that they found. To counter this illegal occupation, this law was passed. Practical at the time, I believe this is somewhat outdated.
iv)
Fourth Amendment ▼
Technical terms-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.
Summary: Protection from unreasonable search and seizure.
Turns out, the police had the authority to barge into people’s homes and search or seize whatever they wanted. How this utterly insane practice survived in those days is totally beyond me. A justified and necessary right.
v)
Fifth Amendment ▼
Technical Terms-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.
Summary: Trial for all, one punishment for one crime, no self-incrimination
Definitely a keeper. Imagine what would happen if people were randomly thrown into jail or sent to the gallows! Where’s the humanity? A fair trial must be obligatory. So should one crime-one charge part. Imagine paying a fine and spending two months incarcerated for speeding!
vi)
Sixth Amendment ▼
Technical terms- 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.
Summary: Speedy, public trial; right to a lawyer
A good democracy must care for its entire people, however rich or poor. Therefore, the right to a lawyer is the most just right of all ten I believe. Kudos to the person(s) who came up with this.
vii)
Seventh Amendment ▼
Technical terms-
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.
Honestly, I didn’t understand this one!
viii)
Eighth Amendment ▼
Technical terms- Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Summary: Prevention of unfair treatment
This act/ law checks the punishment meted out to the guilty. Just because a person has done something wrong doesn’t mean he/she should be mistreated. We all have human rights now.
ix)
Ninth Amendment ▼
Technical terms-The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Summary: Rights of people not mentioned in the Constitution must be protected.
A most sensible addition. We know that it isn't possible to write down all the rights and dignities that must be preserved. Therefore, in order to protect the ones not specified in the law books, this right was proposed.
x)
Tenth Amendment ▼
Technical terms- 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.
Summary: Simply, power to the people! (And something along with it that I didn't understand
)
I am not the best at writing Opinion pieces but for this one, I researched for about 3 hours. I found the laws enacted even back then are still relevant. The lawmakers did possess a remarkable foresight. However, with
the changing times comes a need for change. Here are some things I would have added:
Modifications ▼
a)Compulsory Education: Roosevelt said “Democracy cannot succeed unless those who express their choice are prepared to choose wisely. The real safeguard of democracy, therefore, is education.” I was surprised to read that this came into force throughout the country only in the 1920s. I would have definitely included it in my list of rights.
b)Right to marry whomever you choose to: Whomever you love, man or woman, you should be allowed to marry without any concern about being prosecuted.
c)Environment Laws: I guess everything is easier in hindsight. If I had known what could happen to the Earth earlier, I would have put laws into place to prevent the damage and buy us a few more years.
This entry ended up longer than I thought it would be. Sorry if it bored you but I had a fun time reading about it and writing. Thanks
Emily 
for this prompt.
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