There is a growing epidemic in this country of a general lack of knowledge, particularly when it comes to the Bill of Rights. Our schools no longer teach the importance of the Constitution and the civil liberties afforded us by the first Ten Amendments. It is always important to understand your rights, but it is absolutely critical for the times in which we now live. It is the duty of We the People to stand up to tyrannical behavior wherever it may show itself, but we cannot do this if we do not understand and stand on our rights.
It is also worth understanding that your rights end where the rights of another begin. For example, while we may have freedom of speech, you are not free to create and speak lies to defame the character of another person. Speaking truths, on the other hand, is completely protected. Just be sure you can prove it.
Amendment I:
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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." This means we have freedom of speech, freedom of religion, freedom of assembly, freedom of the press, and freedom to petition the government. When the government uses the power of the IRS to prevent groups with a certain political ideology (conservatives or anyone with "Patriot" or "Tea Party" in their name) from being heard in a public theater, it is a direct violation of the right to free speech. When the Department of Justice seizes the phone records of the entire Associated Press, thus intimidating those reporters into silence on certain stories, it is a direct violation of the freedom of the press. When the President mandates that you purchase health insurance that pays for abortions, it is a direct violation of freedom of religion.
Amendment II:
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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 right is important; it protects the rest. The right to bear arms is in place not only as a defense against common criminals, but also as a last line of defense against a government that has been overrun by corruption. If the People cannot peaceably petition the government and make or stop changes through the normal channels, a well armed population is the only thing that keeps a corrupt politician in check. The recent gun grabbing hysteria that has been perpetrated by almost all levels of government has been nothing less than an all-out assault on this Amendment. California Senator Dianne Feinstein is a prime example of an open oath-breaker: "If I could have gotten an outright ban - Mr. and Mrs. America, turn 'em all in - I would have done it." Barack Obama has also broken every promise he has ever made about the Second Amendment and is pushing to strip as many gun rights as he can without crossing a dangerous line.
Amendment III:
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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." You rarely see this one violated, but there was recently a case in Nevada where a homeowner was arrested for not allowing police into his home so they could use it as a vantage point against his neighbor. This was a clear violation of the Third Amendment.
Amendment IV:
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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 comes down to one basic right: The right to privacy. The Fourth Amendment means you are not required by law to consent to a random warrantless search of your backpack, car, or home. You can politely decline: "I'm sorry officer, I don't consent to searches." A figure of authority
must have probable cause to search you for anything, and this includes information. For example, if you come across an immigration or DUI checkpoint, you are literally not required by law to answer any questions or allow any agents to look through your vehicle. Here's the magic question: "Am I being detained?" If you are not - and you
cannot be without probable cause - then by law, you are free to go. Just be sure the checkpoint officers give you the go-ahead, or they will take your driving past as "fleeing the scene" and use it as probable cause.
Amendment V:
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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." There are a few rights that come out of this: It must be a Grand Jury that indicts you for capital crimes, you cannot be charged twice for the same crime (double jeopardy), you are not required to incriminate yourself, and your rights cannot be arbitrarily revoked without a trial. The IRS violates this amendment for every single tax paying American citizen every year: If you make even one mistake on your income tax return, you can be severely punished. This is just one of the many reasons the Income Tax is illegal, as I covered in "
1913: A Masterstroke Against Liberty."
Amendment VI:
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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." This Amendment grants the right to a trial by jury. The trial by jury essentially ensures that one person in a position of power is not able to falsely convict you of a crime you may not have actually committed. This is why it is the most sacred duty of a rank-and-file citizen to serve on a jury when called, and also why it is illegal for an employer to prevent you from serving jury duty. Related to this: According to Article I, Section IX, Clause II of the Constitution, you cannot be detained indefinitely without being formally charged with a crime, even though Obama's NDAA says otherwise.
Amendment VII:
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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." This allows civil cases (i.e. breach of contract, car accident) to be tried by a jury.
Amendment VIII:
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Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." When a man in California is sentenced to
two consecutive life sentences for stealing merchandise worth a total of $153.54, the right to be protected against cruel and unusual punishment has been violated.
Amendment IX:
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The enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people." This means that the Bill of Rights is not an exhaustive list of rights afforded the individual, and other implicit rights are also protected. For example, you have the right to the presumption of innocence as well as the right to travel freely.
Amendment X:
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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 means that any power the Constitution does not explicitly grant to the federal government is reserved for the states or People to decide. Examples include driver's licenses, marriage, voting, state taxes, worker's rights, and many more. A Federal mandate that every American citizen must purchase health insurance without having put it to a vote by the People is a violation of the Tenth Amendment.
In America, we have seen a steady erosion of our rights. The topic deserves
its own article. It is absolutely critical that you stand on your rights. If you allow them to be violated, they will cease to hold their weight and eventually disappear.
