Saturday, June 4, 2011

British Tyranny, the Fourth Amendment The Origins of the Bill of Rights (Part 3:)

Much like the first three Amendments, the Fourth Amendment can be directly related to the conduct of the British during Colonial Rule. Through much of the Colonial time warrants from a judge were required to search a person or their property, similar to today. But this was not always the case, at times a broad warrant would be issued not specifying a person, place or even subject matter for the reason of a search or seizure. The Fourth Amendment was designed to prevent this.

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.

Wednesday, June 1, 2011

British Tyranny, the Second and Third Amendments, The Origins of the Bill of Rights (Part 2:)

The Origins of the Bill of Rights (Part 1: British Tyranny, the First Amendment)
During Colonial rule, the British Crown and Colonial Governors were not shy about using the British Army or Navy against the Americans. The British Army was used to intimidate, seize property, enter homes or be quartered among the populace to present a posing threat. It was not only the Army that was used against the Colonists, but other Government forces or powers that were used against the Colonists, but Police, Tax Collectors, Justice of the Peace and on. The British Army or the other British Government Forces use against the populace is not short or limited even if not by direct force, just intimidation, and eventually led to the fighting to begin in 1775. This use of the Armed Forces directly led to two Amendments to the Constitution, the Second and Third.
Second 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.
No one instance can be pin pointed as the need or desire for the Second Amendment, rather it is the entire scope of the American Revolution itself. The abuse of power by government against the people, the use of the military against the people, and the desire and unalienable right of the people to control their own destiny are at the root of the Second Amendment. This view is expressed in the Declaration of Independence;
But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security.

Sunday, May 29, 2011

Memorial Day 2011 Letter

The exact origins of Memorial Day are lost to history, with numerous stories and claims to its beginning. But the known facts surrounding Memorial Day have its origin in the Civil War, and was first officially declared on May 5, 1868 by General John Logan. The first State to officially recognize Memorial Day was New York in 1873, and over time various types of Memorial Days were established by different States. Northern States typically had a Memorial Day in May, while Southern States had Confederate War Dead Day. In 1971 Memorial Day finally became a National Holiday as the last Monday in May.

Originally the purpose of Memorial Day was to honor the War Dead of the American Civil War, but just like how Armistice Day for World War I became Veterans Day for all Veterans, Memorial Day became a Day for remembering all who have fallen, not just the Civil War. Most Holidays are for celebration of our past, Memorial Day is honoring and mourning those who gave all for our future, in the defense of Freedom and Liberty.

The Price of Freedom and Liberty is high, in times of peace we measure the costs in Dollars, which annually is in the Hundreds of Billions. But it is the true price of Freedom we remember on Memorial Day, a price in blood which is beyond what can ever have a Dollar sign fixed to it. In order to protect freedom and liberty, the cost is the most important treasure we have, which is life. It costs us Sons and Daughters, Brothers and Sisters, Mothers and Fathers, and Husbands and Wives. The sacrifice of so many is what keeps us free today.

Saturday, May 28, 2011

British Tyranny, the First Amendment, The Origins of the Bill of Rights (Part 1:)

The Bill of Rights when submitted to the States in 1789 contained 12 approved Articles by Congress, 10 of which would be ratified by the required States on December 17, 1791, and an additional one would eventually be ratified in 1992 and is now the 27th Amendment. But it is the first 10 Amendments that will be explored here.

Why where these specifics things chosen to be protected? What caused them to be so important? Who and what where the driving factors in having a Bill of Rights at all? These things and more will be explored through the course of this discussion.

The first thing to look at is the root motivation of the clauses. What happened in the past that caused it to be so important to specifically protect these rights? What lessons in history were learned leading to the inclusion of these Rights. To answer these questions we need to go back to even before the American Revolution even started, to when the British Ruled the continent.

Each amendment will be broken up into individual components for analysis.

THE FIRST 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.

Friday, May 27, 2011

Signing with Autopen: Quick Thoughts

Today the President signed an extension on the Patriot Act using a device called autopen (the merits of the Patriot act are not of concern here, only the circumstances of its signing). The reason for this is, the President was in Europe at the time the bill was approved by Congress and ready for a the Presidents signature. According to Article I Section 7 regarding the passage of bills into Law it states:

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States: If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law.

Article I Section 7 also states:

If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.