British Tyranny, the Seventh and Eighth Amendments, The Origins of the Bill of Rights (Part 5:)

Both the seventh and eighth amendments to the United States Constitution deal of trials, one criminal and one civil. Just like the previous amendments to the Constitution the seventh and eighth amendment could also find their legacy in the British monarchy and how it dealt with the American colonies. Just as with each of the previous amendments the Genesis can directly be traced to tyranny, and are listed as grievances in the Declaration of Independence against King George.

The Seventh 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 reexamined in any court of the United States, than according to the rules of the common law.

As mentioned in Part 4 in regards sixth amendment, the right to trial the jury has a long history. But the seventh amendment deals lawsuits where the value of the dispute is greater than $20, not criminal trials. The Constitution ensures the right to trial by jury in criminal cases in Article  III Section 2 and is reinforced sixth amendment to Civil cases. But no guarantee had been given that trial by jury would also be guaranteed in civil cases.

The seventh amendment carries two parts, one in regards to trials by jury in civil suits, and the second the decisions of the jury shall not be dismissed other than to the rules of common law.

Corporations are not people, but that is irrelevant: (quick thoughts)

As we all know there is a new set of protests going on throughout the country the Occupy Wall Street movement. Now I will not get into the politics of these protests, but there is one sign in particular that caught my attention "corporations are not people". The reason this one caught my interest is the implications that it appears to be presenting, that corporations do not deserve the same protections as an individual. While they are not an individual they do have protections.

In regards to Constitutional rights  whether  we are talking about individual or corporation is irrelevant. The reason for this is the Constitution makes no distinction between an individual or a corporatio in the protection of rights. The Constitution, mainly the Bill of Rights, only list prohibited actions by government, not who or what is protected it lists  and this is what is of  importance. For example the First Amendment states the following "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". The First Amendment makes no distinction or even specifically says who speech, freedom of religion, freedom to assemble or grievances are protected, it only states Laws cannot be made to limit it. tThe one thing that needs to be kept in mind is the Bill of Rights is not listing what people's rights are, it is listing additional  prohibitions to government specifically Congress. The Bill of Rights is not a list of what people's rights are, it is a list of very specific protections, it is a list of further limitations on government.

Is Speech always Free? (Quick Thoughts)

As an unapologetic proponent of Natural Rights which includes the inherent right to Freedom of Speech, it may be a surprise to learn that this is not a 100% Freedom in all situations, it does in fact have limits. But where and when those limits occur must and can only be finite and very limited themselves, and are only on location and not context.

Recently in California 10 students were found guilty of "disruptive speech" (from Foxnews.com), when they attempted to speak over the Israeli Ambassador to the United States while speaking at California University. The charge and court decision here are correct in this case. The main reason why these students did not have protected speech is the forum. Even though the Ambassadors speech was open to the public, the speech itself was not in the public domain, rather a controlled area or setting. This distinction is where the line of Freedom of speech ends, the Public Domain and NOT the Public Domain.

The Public forum is where Freedom of Speech is and ought to be absolute, the town square, parades, assemblies outside or around government facilities, the press or other writings, this is the public forum. What is not the public forum is privately controlled or reserved for another purpose, such as your house, your yard, a sports stadium, or another facility that distinctly separates it from the open public, such as a lecture room at a college. It does not matter who owns the property, it CAN be government owned but still not be in the public domain, meaning freedom of speech can be limited.

Perception should not mean a rush to judgment (Quick Thoughts)

For anybody who knows me, they would certainly know I am a huge Hockey Fan, and an avid follower of my team, the Chicago Blackhawks. In fact, I probably spend too much time following the NHL and the Blackhawks, I can routinely be found chatting about the Blackhawks or watching their games, even during the hot month of July.

But it was an incident away from the Hawks, but on the ice that catches my attention today, or really the aftermath of the event more so. On Thursday September 22, 2011 a preseason exhibition game took place between the Detroit Red Wings and Philadelphia Flyers in London, Ontario, a neutral site not uncommon in preseason action. The game was tied at 3-3 after the end of regulation and through a 5 minute overtime period, resulting in the game finishing with a shootout. The shootout consists of one skater trying to score a goal against the goalie, with no other defending players on the ice, it is a penalty shot, one shooter and one goalie. The team that scores the best out of three attempts wins the game, or sudden death if extra rounds are needed.

More than just a Declaration of Independence

July 4 is a day of celebration in the United States, it is the anniversary of the Declaration of Independence, even though the actual vote for Independence took place two days before (July 2, 1776: The United States decides to Declare Independence). It is noted as the day the United States declared it will decide its own course, make its own rules, govern itself and would no longer hold or honor any allegiances to Britain or its crown. This was done with a magnificent piece of work written primarily by Thomas Jefferson with the assistance of  Benjamin Franklin, John Adams, Robert Livingston and Roger Sherman (June 11, 1776 the Committee of Five), the Declaration of Independence.

Besides declaring, “That these United Colonies are, and of right ought to be, FREE AND INDEPENDENT STATES” dissolving the bonds between the United States and Great Britain, the Declaration states so much more, on the nature or power, the role of government and rights of the people. These declared principles in regards to each, will have a direct influence on the structure and power in the Articles of Confederation and Constitution (Declaration of Independence influence on the Constitution).