Constitutional Argument 1
March 23, 2023
Picking up from the previous Historical Argument article, I'll continue in the same vein with some United States Constitutional arguments. Recently our country has seen activities by various levels of government, from states to our national government that, at the very least, could be assessed as unconstitutional. Unfortunately our educational systems around the nation have failed in many schools to teach our young for some time about the Constitution of the United States. There are few today who have any knowledge about the original document, much less about the Amendments that have been made to it. During the recent pandemic several states seemed to be in league with the federals in straining the meaning of parts of the Constitution.
The first, and I believe the most egregious violation during the pandemic has to do with the first amendment. It states: "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." I think this is pretty plain and straight forward. Yet, the dictates of the federal government and its several agencies grabbed powers in violation of this amendment.
Next is Amendment IV. It states: "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." Our current government has violated this article more than once in the last couple of years. If they can make midnight raids on a former president and others associated with him with impunity, the feds can do it to you and I any time they want. And, by making these raids in public view, showing the force of their power, they are hoping to make you and I shiver in fear. Isn't that something done by Communistic and fascist style governments?
Add Amendment V to the above. It states: "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." How many times in the last several months have we seen this one violated?
How many peaceful protesters have been jailed before being convicted (and are still not convicted) of any crime in a legal court? This one also applies to what was done at Maralago.
If government at any level feels it is free to ignore and violate Amendment V of the United States Constitution, then we the people are in serious trouble.
Here are a few additional Amendments to the Constitution that you need to know.
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. (Me thinks our national government has greatly overstepped the bounds on this one.)
Amendment IX. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. (This means you and I have God-given rights that have no need to be enumerated!)
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. (I do believe the January 6th Committee and the Feds have violated this one.)
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. (The word infringed means trespassed, encroached upon, pirated, and trampled upon. Guess what many states, and the federal government wants to do? And their program has nothing to do with "public" safety. This amendment is a plain, easily understood statement that you and I have the right to keep and bear arms. Period.)