FW:  april 26, 2014

U.S. Constitution

The Constitution is a declaration, not an agreement. The distinction is an important one. “We The People” defined the type of government we wanted, and enumerated the powers we would allow it to have. The federal government had no say in the matter; it  was created and empowered by the People, who retain the right to change it. As protection against an overreaching government, the People created a balance of power by spreading the federal government’s powers amongst three branches:

1. Article I – defined the Legislative branch

2. Article II – defined the Executive branch

3. Article III – defined the Judicial branch

Bill of Rights

Despite this enumeration of powers and Alexander Hamilton’s arguments, the People refused to ratify the Constitution without certain minimal guarantees. These were established with the first ten Amendments to the Constitution, collectively known as the Bill of Rights, which was ratified on December 15, 1791. The objective of these Amendments is clearly expressed in the following legal opinion, and in the Preamble to the Bill of Rights.

“The Bill of Rights was provided as a barrier, to protect the individual against arbitrary exactions of majorities, executives, legislatures, courts, sheriffs, and prosecutors, and it is the primary distinction between democratic and totalitarian processes.” (STANDLER, Supreme Court of Florida en bane, 36 so 2d 443, 445; 1948)

Preamble TO THE Bill of Rights

Congress OF THE United States

begun and held at the City of New York, on Wednesday

the Fourth of March, one thousand seven hundred and eighty nine.

1. THE Conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution

2. RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as Amendments to the Constitution of the United States, all or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.:

3. ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

Amendment 10

Amendment 10

1. The Tenth Amendment makes clear the national government is constrained to those powers listed (enumerated) in the Constitution.

2. 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.

Amendments 1 through 8

The first eight amendments enumerate certain rights and powers the People reserved unto themselves. The Ninth Amendment makes clear the People’s rights are not constrained by this enumeration.

Amendment 1

1. The First Amendment confirms the unalienable rights of the People to freedom of religion and speech, and to assemble and petition government.

2. 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 2

1. The Second Amendment protects the unalienable rights of the People to own and carry guns and other weapons.

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.

Amendment 3

1. The Third Amendment protects homes from military occupation.

2. 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 4

1. The Fourth Amendment protects personal property.

2. 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.

Amendments 5 through 7

Amendments 5 through 7 make the People, not government, the ultimate judge of all legal matters and of government itself, jurors acting as representatives of the People. Although we typically think of a jury’s principle power to be that of indictment or conviction, it is in fact the jury’s ability to declare innocence that is its greatest power. A jury’s finding of innocence cannot be overturned by the Judge, District Attorney, or even the President of the United States, the U.S. Supreme Court, or Congress. This is by design. The principle of trial by jury is to protect against an arbitrary, unjust, or overreaching state.

Amendment 6

1. The Sixth Amendment provides protections for defendants in criminal prosecutions, including the right of the People, not the state, to be the judge.

2. 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.

Amendment 5

1. The Fifth Amendment adds a second layer of protection in the case of “infamous crimes,” the very kind of charges governments historically used to silence the People from criticizing government. A defendant cannot be convicted of an infamous crime without the consent of two juries ― the Grand Jury and the Trial Jury. Once again, the People are to judge. more on grand juries

2. 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.

Amendment 7

1. The Seventh Amendment provides protections to defendants in all other legal matters, i.e., civil cases (lawsuits). Here again, the People judge, not the state.

2. In suits at equity, 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.

3. Furthermore, all of these judgments must be made according to Common Law. According to Bouvier’s Constitutional Law Dictionary, 1856 edition:

4. common law is “That which derives its force and authority from the universal consent and immemorial practice of the People.” In order words, the People define what common law is, not government.

Amendment 8

1. The Eighth Amendment protects against excessive bails, fines, or punishments.

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

Amendment 9

The Ninth Amendment makes clear the People’s rights are NOT constrained to those enumerated in the first eight amendments. This is opposite to the Tenth Amendment, which specially constrains the national government to those powers enumerated in the Constitution.

Amendment 9

1. The Ninth Amendment makes clear the unalienable rights are unbounded, not limited to those enumerated in Amendments 1-8. Contrast to the Tenth Amendment, which constrains national government to those powers enumerated in the Constitution.

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

Quotes

The Constitution is timeless and cannot be changed by construction. Furthermore, rights may not be narrowed or negated by legislation, local government consent, judges, district attorneys, county counsels, or even state attorney generals. All laws which are repugnant to the Constitution are null and void.

 

http://www.defendruralamerica.com/DRA/Constitution.html