Ought v. Naught
The Founding Documents
The Bill of Rights
The Bill of Rights is the name given to the first ten amendments to the U.S. Constitution. These amendments were the direct result of the anti-federalist sentiments held deeply by many of the new citizens of the union that were still stinging from the overbearing control on them by what they considered the oppressive rule of the British Crown. They spring from the battle for ratification of the Constitution and were born from a series of documents that go back as far as the Magna Carta in 1215. The author and advocate of the Bill of Rights was James Madison, who wanted them incorporated into the body of the Constitution, but the compromise with the federalists was that ten of the twelve he drafted were ratified simultaneously with the Constitution in 1789, but as amendments one through ten. It is noteworthy that the eleventh (actually Madison’s Second Amendment) was ultimately ratified in 1992 as the 27th Amendment (having to do with Congressional pay raises). As for the twelfth (actually Madison’s First Amendment), it remains un-ratified and deals with Congressional seat apportionment.
1. 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. Citizens ought to expect to be free in the exercise of the religion of their choice and that there be complete separation of “church and state”.
ii. Citizens ought to be able to speak freely.
iii. Citizens ought to expect a free and unfettered press.
iv. Citizens ought to be able to assemble freely.
v. Citizens ought to be able to petition the government for their grievances freely.
2. 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.
i. Citizens ought to be able to keep and bear arms but only for purposes of the security of the state and as part of a well-regulated militia.
3. 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.
i. Citizens ought to be able to decide if soldiers can be quartered with them in times of peace.
4. 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.
i. Citizens ought to expect to be free of unreasonable search and seizure.
ii. Citizens ought to expect searches only under duly executed warrants.
iii. Citizens ought to expect that any searches will be based on duly supported probably cause.
5. 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.
i. Citizens ought to expect to only be indicted criminally by a Grand Jury of their peers.
ii. Citizens ought to expect that martial law may prevail over these rights.
iii. Citizens ought to expect the absence of double jeopardy in criminal cases.
iv. Citizens ought to be able to avoid bearing witness against himself.
v. Citizens ought to expect due process under law.
vi. Citizens ought to expect the sanctity of private property unless just compensation is given.
6. 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.
i. Citizens ought to be able to get a speedy and public trial.
ii. Citizens ought to expect a trial by an impartial jury of their peers.
iii. Citizens ought to be able to confront any witnesses against them.
iv. Citizens ought to expect the assistance of counsel regardless of their means.
7. 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.
i. Citizens ought to be able to bring about civil actions under common law and have those adjudicated by a jury of their peers.
8. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
i. Citizens ought to expect reasonable bail and no cruel and unusual punishment.
9. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
i. Citizens ought to expect that there are unenumerated rights to which they are entitled as changes in the times and environment dictate.
10. 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.
i. Citizens ought to expect that powers not delegated to the federal government by the Constitution as amended are either reserved for the states or by referendum to the people.