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You are here: Home / Politics / America / The 225th Anniversary of the Bill of Rights

The 225th Anniversary of the Bill of Rights

by Adam L Silverman|  December 15, 20161:46 pm| 90 Comments

This post is in: America, Domestic Politics, Election 2016, Open Threads, Politics, Popular Culture, Silverman on Security

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billofrights

Today is the 225th Anniversary of the Bill of Rights. In honor of that anniversary here is the entire text of the Bill of Rights:

 

THE BILL OF RIGHTS – FULL TEXT

 

Amendment I

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.

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.

Amendment III

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.

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.

Amendment V

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 offense 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.

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.

Amendment VII

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.

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

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.

Here’s a link to the Bill of Rights Institute. And one to the Bill of Rights page at the University of Missouri Kansas City’s Law School.

Read it while we’ve got it!

 

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Reader Interactions

90Comments

  1. 1.

    Mike in NC

    December 15, 2016 at 1:52 pm

    Dubya once said that the Constitution was merely “a goddamn piece of paper” and acted accordingly, as will Mango Mussolini.

  2. 2.

    LAO

    December 15, 2016 at 1:57 pm

    Happy Anniversary Bill of Rights! My personal favorite is the 3d Amendment. I rarely invoke it though.

  3. 3.

    the Conster, la Citoyenne

    December 15, 2016 at 1:57 pm

    It was a nice run.

  4. 4.

    ? Martin

    December 15, 2016 at 1:58 pm

    Trump: “I don’t see anything in this picture.”

  5. 5.

    Roger Moore

    December 15, 2016 at 1:58 pm

    @Mike in NC:

    Dubya once said that the Constitution was merely “a goddamn piece of paper”

    And he couldn’t be more wrong; it’s vellum.

  6. 6.

    Woodrowfan

    December 15, 2016 at 2:00 pm

    I am glad I don’t teach early American history anymore. I’d feel like a hypocrite teaching the Bill of Rights as if they were all still in force…

  7. 7.

    trollhattan

    December 15, 2016 at 2:01 pm

    @Roger Moore:
    Which means Dubya didn’t have skin in the game.

  8. 8.

    trollhattan

    December 15, 2016 at 2:02 pm

    @Woodrowfan:
    All shall bow to the holy Second…make that the second part of the Second.

  9. 9.

    Calouste

    December 15, 2016 at 2:02 pm

    @Mike in NC: It’s not like the 4th, 6th, and 8th have ever been really adhered to except for rich white guys.

  10. 10.

    Enhanced Voting Techniques

    December 15, 2016 at 2:03 pm

    Perhaps send a translation of the Bill of Rights in Russian to Trump,..?

  11. 11.

    LAO

    December 15, 2016 at 2:04 pm

    @Calouste: You beat me to it — the 4th Amendment has largely been gutted by Federal Courts, the 8th Amendment has never been adhered to and the 6th Amendment (right to counsel) has been gutted by the states, with the permission of the federal courts.

  12. 12.

    Jeffro

    December 15, 2016 at 2:07 pm

    No better way to celebrate this than by joining the ACLU!

  13. 13.

    dexwood

    December 15, 2016 at 2:10 pm

    Happy anniversary or so long it’s been good to know you? It’d be some warped justice if Trump’s Troops come for the guns

  14. 14.

    Mike E

    December 15, 2016 at 2:12 pm

    @Mike in NC: outgoing Gov McPotty says, “I gotcher constitution, right here”

  15. 15.

    SenyorDave

    December 15, 2016 at 2:13 pm

    I honestly think if the Founders were resurrected, the first thing they would do is have a coup on January 21st. After that they would turn themselves in for committing treason. Here’s another member of the Trump administration, Monica Crowley, a no holds barred RWNJ:

    Crowley has been a vocal critic of the Obama administration and Hillary Clinton’s foreign policy positions, particularly their avoidance of the term “radical Islamic terrorism.”
    She has also made particularly incendiary comments about Muslims—including Hillary Clinton’s top aide Huma Abedin.
    In an August appearance on Hannity in August 2016, Crowley said her Abedin parents were “essentially tools of the Saudi regime” in an effort for Muslims to take over the West.
    In November 2015, she wrote in The Washington Times only a fraction of the refugees pouring into Europe from Syria were fleeing “war and persecution.” Most, she wrote, were from “Middle East, North Africa and countries like Pakistan and Indonesia who are using the European Union’s open doors-open borders policy to reach the West for social welfare and the longer-term goal of spreading Islam.”
    She would serve under National Security Advisor, retired U.S. Army Lt. Gen. Michael Flynn, and with fellow former Fox News analyst KT McFarland who was named as a part of Trump’s national security team last month.
    The saying I wouldn’t piss on him if he were on fire. If these people were on fire I wouldn’t piss on them, I’d pour gasoline and watch as they roasted. Is there any doubt that these people would feel right at home in 1930’s Germany?

  16. 16.

    dexwood

    December 15, 2016 at 2:13 pm

    @Jeffro:
    Timely suggestion. Earlier today I made a donation on behalf of my son and his wife. To Planned Parenthood, too. It’s all they wanted for Christmas this year.

  17. 17.

    Adam L Silverman

    December 15, 2016 at 2:14 pm

    @LAO:
    http://www.newyorker.com/cartoons/daily-cartoon-081016-third-amendment

  18. 18.

    Scamp Dog

    December 15, 2016 at 2:18 pm

    @Mike in NC: According to Factcheck.org, that’s a bogus quote. Ignoring parts of the constitution that he didn’t like? Well, he’s a standard R then, isn’t he?

  19. 19.

    Roger Moore

    December 15, 2016 at 2:20 pm

    @trollhattan:
    When you got skin in the game, you stay in the game
    But you don’t get a win unless you play in the game.

  20. 20.

    Jeffro

    December 15, 2016 at 2:21 pm

    @dexwood: Great choices! The Southern Poverty Law Center and National Resources Defense Council (recommended by another poster) help cover pretty much all the bases, too.

  21. 21.

    Chris

    December 15, 2016 at 2:22 pm

    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.

    As much as I’m prone to argue with the founding fathers and get pissed off when they’re treated as divine prophets instead of the mere mortal politicians they actually were… this is still one of my favorite sentences in the English language.

  22. 22.

    kindness

    December 15, 2016 at 2:22 pm

    That document must have been written by a bunch of hopped up Communists! What? Our Founding Fathers? Oh…..Never mind.

  23. 23.

    Spanky (ex P-man)

    December 15, 2016 at 2:23 pm

    @trollhattan: Rimshot!

  24. 24.

    Woodrowfan

    December 15, 2016 at 2:25 pm

    @Jeffro: good idea. just signed up for monthly donations, also to Planned Parenthood, joined the NAACP, and gave to the SPLC. (Also to Second Chance Dog Rescue in Puerto Rico. Look at Sonia in the BJ Pet Calendars. that’s our sweetpea who they rescued.)

  25. 25.

    Miss Bianca

    December 15, 2016 at 2:26 pm

    I forgot that Amendment VII specified the amount of “twenty dollars”! Which would have been a fortune back in the 1790s!

  26. 26.

    dexwood

    December 15, 2016 at 2:29 pm

    @Jeffro:
    I wasn’t going to give my asshole Trump humping brother-in-law a present this year, but you’ve given me an idea for another gift donation.

  27. 27.

    Kryptik

    December 15, 2016 at 2:29 pm

    Crossposting it from LGF, but, I dunno if anyone else saw it, but apparently Elliott Lutsztig rather abruptly shut down his twitter account. And what last I saw of it sounded like he was blaming some rather vicious doxxing and personal threats.

  28. 28.

    LAO

    December 15, 2016 at 2:29 pm

    @Adam L Silverman: ?

  29. 29.

    Chris

    December 15, 2016 at 2:30 pm

    @SenyorDave:

    Crowley has been a vocal critic of the Obama administration and Hillary Clinton’s foreign policy positions, particularly their avoidance of the term “radical Islamic terrorism.”

    That’s not arguing with a foreign policy position, that’s quibbling with the phraseology in a press report.

    Please note that before “they won’t say radical Islam!” was the talking point, the talking point was “they won’t say terrorism!” Until Mitt Romney tried that in the debates and ended up with egg all over his face when it turned out that, of course, the Obama administration used the phrase “terrorism” all the time. Not to worry: they quickly switched to demanding another True Name. And if Obama ever says “radical Islam,” they’ll switch again.

  30. 30.

    hovercraft

    December 15, 2016 at 2:30 pm

    Why are you posting this quaint old document on the inter tubes Adam? We seem to have acquired a “Dear Leader” of our own, dissent is not only discouraged, it may soon be punished. These “rights” that are enumerated in this documented will most probably be rendered obsolete on January 20, 2017 at noon. It was a pretty decent run, better for some than for others, but at least the rest of us had something to aspire to.

  31. 31.

    schrodinger's cat

    December 15, 2016 at 2:31 pm

    @Kryptik: Who is Elliot Lutszig?

  32. 32.

    Miss Bianca

    December 15, 2016 at 2:31 pm

    @LAO: @Adam L Silverman: I love that cartoon…

  33. 33.

    AndoChronic

    December 15, 2016 at 2:33 pm

    Поправка I
    Конгресс не должен издавать ни одного закона, относящегося к установлению религии или запрещающего свободное исповедание; либо ограничивающего свободу слова или печати; или право народа мирно собираться, и ходатайствовать перед правительством для удовлетворения жалоб.

    Поправка II
    Хорошо организованная милиция необходима для безопасности свободного государства, право народа хранить и носить оружие не должно нарушаться.

    Поправка III
    Ни один солдат не должен в мирное время размещаться на постой в доме без согласия владельца, ни во время войны, но в порядке, предусмотренном законом.

    Поправка IV
    Право народа на охрану личности, жилища, бумаг и имущества от необоснованных обысков и арестов не должно нарушаться, и никакие ордера не выдает, но при наличии достаточного основания, подтвержденного присягой или утверждением, и в частности, описания место для поиска, и лиц или предметов, подлежащих аресту.

    Поправка V
    Ни один человек не должен привлекаться к ответственности за караемое, или иным образом позорного преступления, иначе как по представлению или обвинительному заключению Большого жюри, за исключением дел, возбуждаемых в сухопутных или военно-морских сил, или в милиции, когда на действительную службу во время войны или общественной опасности; никто не должен подвергаться за то же правонарушение дважды подвергаться угрозе лишения жизни или конечности; никто не должен принуждаться в уголовном деле быть свидетелем против самого себя, не может быть лишен жизни, свободы или собственности без надлежащей правовой процедуры; не должно быть частной собственностью отбираться для общественного пользования без справедливого возмещения.

    Поправка VI
    Во всех случаях уголовного преследования обвиняемый имеет право на скорый и публичный суд беспристрастных присяжных того штата и округа, в котором должно было совершено преступление, какой район должен быть предварительно устанавливаемое законом, и быть в курсе характер и причину обвинения; сталкиваться с свидетелей, показывающих против него; иметь обязательный процесс получения свидетелей в его пользу, и иметь помощь адвоката для своей защиты.

    Поправка VII
    В костюмах на общем праве, где цена иска превышает двадцать долларов, право на суд присяжных должны быть сохранены, и ни один факт, рассмотренный присяжными, не может быть пересмотрен каким-либо судом Соединенных Штатов, чем в соответствии с правила общего права.

    Поправка VIII
    Чрезмерный залог не требуется, или налагаться чрезмерные штрафы, либо назначаться жестокие и необычные наказания.

    Поправка IX
    Перечисление в Конституции определенных прав, не должно толковаться как отрицание или умаление других прав, сохраняемых народом.

    Поправка X
    Полномочия, которые не делегированы Соединенным Штатам настоящей Конституцией и не запрещенные ею штатам, сохраняются за штатами, соответственно, или к людям.

  34. 34.

    Kryptik

    December 15, 2016 at 2:34 pm

    @schrodinger’s cat:

    Guy who kinda came out of nowhere on Twitter and got a really deep following trying to rally Dems up against Trump. He’s a name I saw popping up a whole lot everywhere, between LGF, Greg Sargent, and other folks’ coverage of the current Trumpian disaster.

    Whether he was on the up-and-up and something legit went down, or he was a guy teasing marks…this kinda sucks.

  35. 35.

    SenyorDave

    December 15, 2016 at 2:35 pm

    @Chris: To me the important think is that virtually every person on his national security team is a fascist. I guess it shouldn’t be shocking, but I do find it unnerving. Then again, Trump has repeatedly praised fascist regimes, including China’s response to Tiananmen Square (which should have been a campaign issue, but emails).

  36. 36.

    debbie

    December 15, 2016 at 2:37 pm

    @the Conster, la Citoyenne:

    Sorry to veer OT, but after last night’s posts about ferals, there was this in my local paper.

  37. 37.

    debbie

    December 15, 2016 at 2:39 pm

    You always hear the RWNJs saying they always carry their pocket Constitution with them, but never anything about the Bill of Rights. Does this seem odd to only me?

  38. 38.

    the Conster, la Citoyenne

    December 15, 2016 at 2:41 pm

    @debbie:

    a cat angel!! he’s my hero.

  39. 39.

    Jeffro

    December 15, 2016 at 2:42 pm

    @dexwood:

    I wasn’t going to give my asshole Trump humping brother-in-law a present this year, but you’ve given me an idea for another gift donation.

    Yup. This is a good strategy, folks, seriously! Sign up your right-leaning friends and relatives – SURELY they believe in the Bill of Rights?!?

  40. 40.

    Spanky (ex P-man)

    December 15, 2016 at 2:44 pm

    @debbie: Well, if you get your version from the ACLU, it has all kinds of stuff:

    3/12” x 5.5”
    Features the full text of the Constitution, the Amendments, including the Bill of Rights, as well as a Know Your Rights series: What to do if you’re stopped by the police.

  41. 41.

    Jeffro

    December 15, 2016 at 2:44 pm

    @Jeffro: Here’s the link you want – make a gift “in honor” of your RW friends and relatives. ;)

    ETA #1: for the truly adventurous among us, why not make a donation “in honor” of your favorite RW nut job? Sign up one of Trump’s cabinet picks! Sign up Steve King or Joni Ernst!

    ETA #2: although the lowest donation amount listed is $35, you can make donations as small as $1. So while we’d want to give a large amount in our own names, you can easily stretch your “RW-ACLU-sign-up” dollars and get a whole lotta wingers signed up for $10. Ten of them, in fact.

  42. 42.

    debbie

    December 15, 2016 at 2:46 pm

    @Spanky (ex P-man):

    The ACLU: The source of choice for discerning RWNJs.

    (Just read about your cat. I’m so sorry for your loss.)

  43. 43.

    Botsplainer

    December 15, 2016 at 2:51 pm

    So that National Endowment for the Arts? The thing that doles out money for programs for all the fine arts?

    Twitler approached Stallone to be Chairman

  44. 44.

    Brachiator

    December 15, 2016 at 2:56 pm

    @debbie:

    You always hear the RWNJs saying they always carry their pocket Constitution with them, but never anything about the Bill of Rights. Does this seem odd to only me?

    Every pocket constitution I’ve ever seen includes the Bill of Rights, and subsequent amendments.

  45. 45.

    schrodinger's cat

    December 15, 2016 at 3:01 pm

    @Botsplainer:What’s meatloaf’s portfolio?

  46. 46.

    gene108

    December 15, 2016 at 3:06 pm

    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 most important conjunction in the Constitution.

    Otherwise we’d have the right to keep bear arms, which has a whole different meaning and would lead to many bears being maimed, so people can exercise their 2nd Amendment rights.

  47. 47.

    Bill

    December 15, 2016 at 3:06 pm

    @LAO: I love citing the third amendment to people who treat the founding fathers as infallible beings able to foresee all our nations needs. “Oh really? Those same guy thought that quartering soldiers was such a big problem they wrote it in to the bill of rights.”

  48. 48.

    Brachiator

    December 15, 2016 at 3:08 pm

    @SenyorDave:

    I honestly think if the Founders were resurrected, the first thing they would do is have a coup on January 21st.

    I don’t know. I’d like to think that they would have got together in a smoke filled room, and quietly come to an agreement among themselves that “this Trump fellow won’t do.”

    Also, it’s a living Constitution. We are the Founders. We have to find a way out of this predicament.

  49. 49.

    JGabriel

    December 15, 2016 at 3:09 pm

    Adam L. Silverman @ Top:

    Read it while we’ve got it!

    Before the Trump Administration classifies it as Top Secret.

  50. 50.

    ? Martin

    December 15, 2016 at 3:13 pm

    I’ve been arguing this point for some time.

    The head of United Technologies, Greg Hayes, told CNBC’s Jim Cramer the following:

    “We’re going to make a $16 million investment in that factory in Indianapolis to automate to drive the cost down so that we can continue to be competitive. Now, is it as cheap as moving to Mexico with lower cost of labor? No. But we will make that plant competitive just because we’ll make the capital investments there. What that ultimately means is there will be fewer jobs.”

    It didn’t matter if the jobs moved to Mexico or not. The incentives given to Carrier just resulted in them automating the plant, eliminating the jobs anyway. Arguably, it’s better if the (unmanned) factory stays in the US compared to moving to Mexico, but the net effect on workers is the same. The trade agreement is immaterial here. If you put a 35% tariff on imports, they’ll only automate faster. The jobs will go either way.

    The problem, once again, is that GDP and labor wages were inextricably tied together (to varying degrees) until around 1970 when they started to diverge. Digital automation allows for output without labor, and that output is what corporations ultimately care about. The real problem is that every aspect of our safety net and tax policy is tied to labor, to the assumption that as output grew, so would jobs or wages, and therefore so would contributions to the tax base, to OASDI, etc. Except that isn’t happening any longer. That non-labor output is effectively untaxed. There’s no payroll tax paid for a robot or a computer, but the displaced worker still needs to draw from the safety net. That’s where the policy change needs to happen – we need to find a way to align taxation with total output rather than just labor output. That probably won’t slow down the rate of automation much, but that automated output will at least result in tax receipts which can be used to fund something like a minimum living wage, or greater educational opportunities for retraining, and so on. Without that change, labor is screwed no matter what. Liberals arguing over trade are fighting over a distraction. The real fight needs to be around tying government revenue to total output, adding a non-labor output tax in some form. A european style VAT achieves this, btw, because it doesn’t care how the value was added – by labor or by automation. It taxes total output, not just labor. There are other ways to do it as well, but at least a VAT is proven.

  51. 51.

    hovercraft

    December 15, 2016 at 3:13 pm

    @Kryptik:

    Elliott Lutsztig rather abruptly shut down his twitter account. And what last I saw of it sounded like he was blaming some rather vicious doxxing and personal threats.

    Seriously, will be allowed to criticize the asshole at all? Everyone who criticizes is being attacked, be it bad reviews or simply someone talking about all the ways he sucks, and rallying the democrats in opposition.

  52. 52.

    gene108

    December 15, 2016 at 3:14 pm

    Amendment III

    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.

    3rd Amendment to the Constitution is the most successful Amendment. Period.

    We’ve done an excellent job of avoiding soldiers being “quartered any house, without the consent of the owner”.

    If only we were this good on the later Amendments regarding voting rights.

  53. 53.

    Это курам на смех

    December 15, 2016 at 3:14 pm

    When do we start regulating the militia?

  54. 54.

    Calouste

    December 15, 2016 at 3:14 pm

    @Botsplainer: Stallone is a rich 70-year-old white guy, so the perfect fit to be picked by the rich 70-year-old white guy PEE, to add to all the other rich 70-year-old white guys he has already nominated.

  55. 55.

    Chris

    December 15, 2016 at 3:16 pm

    @gene108:

    Otherwise we’d have the right to keep bear arms, which has a whole different meaning and would lead to many bears being maimed, so people can exercise their 2nd Amendment rights.

    Instead, our forefathers used to grin them to death.

    Well, one of our forefathers, anyway.

  56. 56.

    trollhattan

    December 15, 2016 at 3:17 pm

    @JGabriel:
    My non-disclosure agreement had to sign its own non-disclosure agreement. Who in their right mind would go to work for Trump’s administration once they learn they have to first sign away their rights as citizens? Boggles the mind.

  57. 57.

    Pogonip

    December 15, 2016 at 3:18 pm

    And don’t forget to view today’s goodmorningkitten dot com with the cutest ever pictures of a big-brother cat and his tiny-kitten buddy.

    The Founding Fathers would want all Americans to see this.

  58. 58.

    Brachiator

    December 15, 2016 at 3:18 pm

    Today is the 225th Anniversary of the Bill of Rights.

    And as I recall, Little Jemmy Madison did not think that a Bill of Rights was necessary. This should be a rejoinder to “originalists” who think that the Founders were some kind of unanimous hive mind.

    But even with the controversies and compromises, they came up with a nice piece of work.

  59. 59.

    PatrickG

    December 15, 2016 at 3:20 pm

    Reposting from the Early morning Open Thread, because fresh Open Thread:

    On the subject of a Muslim registry, tech employees, some of them at least, are standing up and saying “no”. While obviously this particular pledge isn’t necessarily going to stop anything, and obviously it’s narrowly tailored, it’s a damn sight better than staying quiet, and it at least performs some positive signaling. If you work in tech and are willing to be publicly identified, consider signing!

    Started a few days ago, up to 1200 signatories so far. They have more pending, but are rigorously verifying identities.

    http://neveragain.tech/

    ETA: If you’re interested, you can listen to Wave developer and pledge co-founder Ka-Ping Yee on CBC’s As It Happens here. Part 2, just after the 9:00 mark.

  60. 60.

    ? Martin

    December 15, 2016 at 3:22 pm

    @trollhattan: The NDA is a charade. They’re all subject to FOIA because the transition is taxpayer funded. It might be useful to keep the staff in line, but our response should be to absolutely bury them in FOIA requests.

  61. 61.

    Belafon

    December 15, 2016 at 3:23 pm

    @hovercraft:

    Seriously, will be allowed to criticize the asshole at all? Everyone who criticizes is being attacked, be it bad reviews or simply someone talking about all the ways he sucks, and rallying the democrats in opposition

    I would love to figure out how to protect the guy, and twitter should add an algorithm that filters out addresses, but we also need people to stand tough in the face of this, and the rest of us to stand with them. Maybe any doxxing should be reported to authorities.

  62. 62.

    Brachiator

    December 15, 2016 at 3:30 pm

    @Bill:

    I love citing the third amendment to people who treat the founding fathers as infallible beings able to foresee all our nations needs. “Oh really? Those same guy thought that quartering soldiers was such a big problem they wrote it in to the bill of rights.”

    Ironically, a great deal of the 3rd Amendment is based on an Anglo-American distrust of standing armies.

    During the Seven Years War between Britain and France (called in the North American colonies the French and Indian War) the colonists who had inherited the traditional English fear of standing armies resented having to billet the British redcoats. Americans preferred to rely for their protection on local militia, not on professional soldiers. Although the peace treaty of 1763 ended the war and ousted France from the North American continent, the British government believed it still needed tens of thousands of soldiers in America in order to police the newly acquired territories. Since the earlier English quartering act did not extend to the colonies, Parliament in 1765 passed a Quartering Act that set down the regulations for housing soldiers in the American colonies during time of peace. The colonists were to provide barracks for the soldiers, and if they were not available, the troops were to be billeted in inns, stables, and alehouses; if these were insufficient, the governors and councils of the provinces were authorized to use uninhabited houses, barns, and other buildings to lodge the soldiers. The colonists were required to furnish provisions and necessaries for the troops, including firewood, bedding, and beer.

    The colonies, particularly the province of New York, objected to this act, especially as it obliged them to raise money to support the soldiers without the consent of their provincial legislatures. Tensions over the presence of British soldiers in the colonies increased. In 1768 royal troops were redeployed to Boston, Massachusetts, to assist with law enforcement in a colony that seethed with resentment against British authority. Many Bostonians became convinced that this standing army quartered among them in time of peace in violation of English law was designed to overwhelm them with military force. With nearly four thousand redcoats billeted in a town of fifteen thousand civilians, it was only a matter of time before an incident occurred. On March 5, 1770, nervous British soldiers fired upon a hostile crowd and killed five civilians, resulting in what the colonists called the Boston Massacre.

    Nowadays, we don’t think twice about having a permanent armed forces. But FEMA camps …

  63. 63.

    Keith P.

    December 15, 2016 at 3:30 pm

    @? Martin: “This doesn’t look like anything to me.”

  64. 64.

    BillinGlendaleCA

    December 15, 2016 at 3:31 pm

    @? Martin: That’s fine, until the Congress repeals FOIA.

  65. 65.

    The Moar You Know

    December 15, 2016 at 3:32 pm

    Makes me weep to read. None of these mean anything anymore, the courts and Congress have rendered them largely moot, including The Holy Second Amendment, in which I’m not reading anywhere the words “license to kill whoever the fuck I feel like”.

  66. 66.

    Betty Cracker

    December 15, 2016 at 3:34 pm

    Just got a breaking news alert saying Roof was found guilty in Charleston massacre. Next up — life or death sentence.

  67. 67.

    trollhattan

    December 15, 2016 at 3:34 pm

    @BillinGlendaleCA:
    Short of repealing, can they raise the filing fee to, say, $10,000? Stunt like that would be a typical Trump bidnez practice.

  68. 68.

    trollhattan

    December 15, 2016 at 3:37 pm

    @Betty Cracker:
    Good. Bet they vote for execution (being South Carolina and all) but I’m still against it, even for scum like this guy.

    Does South Carolina still prosecute him after the feds are done?

  69. 69.

    Karen

    December 15, 2016 at 3:37 pm

    @hovercraft:

    Sorry to sound ignorant but are you all exaggerating to make a point or will the Bill of Rights become obsolete? I’m really scared of the 13th amendment being repealed. That could bring back slavery.

  70. 70.

    trollhattan

    December 15, 2016 at 3:46 pm

    @Karen:
    38 states are required to ratify a constitutional amendment, so keep keep a count of the number led by Republican governors and legislatures. Then there’s the soon-to-be weaponized SCOTUS, which can gnaw away at them piecemeal when given the chance.

  71. 71.

    bluefoot

    December 15, 2016 at 3:56 pm

    @Woodrowfan: When my brother was in law school he said to me, “I don’t know why they teach Crim Law and Crim Pro – they’re going to be obsolete in 20 years anyway.” That was 20 years ago…obviously he had better insight that I did at the time..(I told him was cynical, and he told me to look at the trends…)

  72. 72.

    Belafon

    December 15, 2016 at 3:57 pm

    @trollhattan: It’s going to come down to how hard all of us low level Democrats fight over the next four years.

  73. 73.

    Lizzy L

    December 15, 2016 at 4:03 pm

    @Karen: The Bill of Rights — the first 10 Amendments to the Constitution — is not going to be repealed.

  74. 74.

    hovercraft

    December 15, 2016 at 4:04 pm

    @Karen:

    Sorry to sound ignorant but are you all exaggerating to make a point or will the Bill of Rights become obsolete? I’m really scared of the 13th amendment being repealed. That could bring back slavery.

    I think I’m exaggerating, but at this point who the hell knows anymore. I think it’s safe to say slavery is not coming back, but as far as ridding us of little things like free speech and the right to assemble and protest, and hold corporations responsible, and an independent judiciary and lots of things like that, all bets are off. Slavery would be a bridge too far even for this crew of vandals.

  75. 75.

    Frank Wilhoit

    December 15, 2016 at 4:13 pm

    To your point about “while we still have it”, conservatives read the Bill of Rights the same way they read the Ten Commandments: as only applying within the community. As with all laws, for conservatives there must be one group whom the Bill of Rights protects but does not bind, alongside another whom it binds but does not protect. This is the only condition under which they can feel emotional loyalty to any document, principle, or institution.

    So while it is easy to observe that conservatism (today, if you must) cannot tolerate the Fourth, Fifth, or Sixth Amendments and would strike them in a blink if they could, it is more instructive to look at their attitude toward the First Amendment, which they alternately celebrate and despise depending upon whose ox is being gored. So is it with all the others, including the Tenth and the sacred Second.

    The real point is how poor the English is: ambiguous word choice, bizarre punctuation leading to faulty syntax. This is not a matter of the language having evolved over the succeeding centuries. One need only consult the masters of 18th-Century English to see that this is slop. It is no wonder that no one can fathom the intended meaning of the First or Second Amendments. The universal tendency to project one’s own policy preferences onto them is almost explained, if not justified, by the need to forcibly disambiguate the syntax in advance of propounding any intepretation. Anyone who routinely works with the work product of persons for whom Emglish is a second (or third, …) language will recognize that need at once.

  76. 76.

    liberal

    December 15, 2016 at 4:13 pm

    @? Martin:

    adding a non-labor output tax in some form

    That’s just fucking stupid. Why should output be taxed? Much better to tax economic rents.

  77. 77.

    liberal

    December 15, 2016 at 4:14 pm

    @SenyorDave: Why do you think China is fascist?

  78. 78.

    JPL

    December 15, 2016 at 4:36 pm

    @Adam L Silverman: I loved that and passed it on. thanks!

  79. 79.

    Elmo

    December 15, 2016 at 4:37 pm

    @hovercraft: It’s not like the 13th amendment prevented debt peonage for “vagrancy” fines anyway… there are lots of ways to skin a cat.

  80. 80.

    Woodrowfan

    December 15, 2016 at 4:38 pm

    @Brachiator: they tend to carry the one the Bradys used, annotated by a far rightwing Mormon nutjob. the one Beck loves.

  81. 81.

    Woodrowfan

    December 15, 2016 at 4:41 pm

    no amendment will be repealed. they don’t have to be if we have a rightwing Supreme Court to loophole them to death….

  82. 82.

    Don K

    December 15, 2016 at 4:58 pm

    @debbie:

    Well of course the only amendments that have any meaning are the second half of the 2nd and the second half of the first clause of the 1st. Robert Bork himself said he had no idea what the 9th meant, that it was effectively gibberish to him.

  83. 83.

    Pogonip

    December 15, 2016 at 4:59 pm

    @debbie: Hey, I used to live in that town attached to THE Ohio State University! Howdy, neighbor!

    Cat collecting in downtown Columbus, which empties out around 1900, isn’t so bad. It’s cat collectors in residential areas who cause problems.

  84. 84.

    Pogonip

    December 15, 2016 at 4:59 pm

    @Elmo: So to speak. ?

  85. 85.

    Van Buren

    December 15, 2016 at 5:01 pm

    @Calouste: The last clause of the 5th has pretty much been rendered void the last 2 decades.

  86. 86.

    Don K

    December 15, 2016 at 5:02 pm

    @trollhattan:

    Governors don’t matter when it comes to ratifying constitutional amendments. As soon as the legislature ratifies, the deed is done, no gubernatorial action required.

  87. 87.

    debbie

    December 15, 2016 at 5:59 pm

    @Pogonip:

    Downtown Columbus has become much livelier, what with the Arena (Sports) District popping up where the penitentiary used to be. But you’re right, the number of animal hoarders in the suburbs here has become vastly worse. There’s practically a news story every week.

  88. 88.

    Adam L Silverman

    December 15, 2016 at 6:00 pm

    @Don K: What it means is that: these were the ones we bothered writing down so the anti-Federalists would stop blocking stuff in the states they hold power in and ratify the damn thing, the others we didn’t list are still rights even though we didn’t write them down.

    TL:DR: We did the bare minimum to get George Mason to sit down and shut up!

  89. 89.

    Jaker

    December 15, 2016 at 6:40 pm

    Bill of Rights, eh…Hah…Wait till Trump sits down & writes his “Bill of Wrongs”.

  90. 90.

    Vhh

    December 15, 2016 at 8:13 pm

    @kindness: Flash:communism is OK when led by Putin.

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