Once upon a time, there was a large group of people that got together and decided to make it law that certain rights should be afforded to all people. They had to, literally, carve out their homes and lives in a savage and brutal new land. On top of these hardships, they had been poorly represented in the government and taxed more than they thought fair. They had had enough. It was time, in their opinion, to stand up for themselves. They worked out the details of the laws and argued the merits of these rights at great length. . They considered all possible ramifications (for that time). They made provisions for the people of this new country to be able to keep it from sliding into yet another caste-based totalitarian regime. They then put it down on paper. They all signed it, and then went to war to make their dream a reality.
They were willing to kill to create this new country of freedom and rights for all men.
They were willing to die to pass on this legacy to their children, and their children’s children.
How do we honor that sacrifice? What can we do as citizens to preserve their legacy and pass on their gift?
Let’s take a look at what they bled for. Let’s really understand their INTENT. Let’s see if we agree on the purpose of this document. Let’s examine the Constitution, signed and ratified in July of 1787:
Article I is the powers granted to Congress. This also determines the terms of each branch (Senate and House of Representatives), as well as number of each congressional representative from each state. It lays out the responsibilities for taxation, regulation of the value of currency and its production, the ability to declare war, create and maintain the army and navy, and, perhaps most importantly, creation of national law.
Article II is the Executive branch and his powers and responsibilities. This includes transferring of power upon death or inability to execute the duties of his office. It also grants this one individual (who may or may not have ANY military training – though back when this document was created, most people eligible for this office DID have that training) the powers of Commander in Chief of the Army and Navy of the United States.
Article III spells out the powers and responsibilities of the Judicial branch of this new government. This includes the creation of a Supreme Court as well as powers directly relating to the Constitution and the equity afforded ambassadors from other nations.
Article IV declares that all of the states will cooperate with each other and the federal government. It also states that the federal government will protect the states from invasion as well as domestic violence.
Article V states that the Congress can create amendments to this document as long as enough (2/3) agree with the amendment.
Article VI is a statement that says any and all debts to or against the United States from the time before the drafting and ratification of this document shall be valid and upheld.
Article VII is the listing of the signatures and the conclusion of the ratification process.
That is the entire Constitution. The next part was the first ten amendments (made possible by Article V). These amendments are known as the Bill of Rights, and were ratified in December of 1791. In the Preamble, it defines why this additional document was created: in order to prevent misconstruction or abuse of the powers derived from the Constitution. This are where most Americans get worked up.
Amendment I establishes that Congress will not make laws for or against any religion. It also guarantees that Congress will not curtail public speech or the communication of the press. It also provides for peaceful assembly. This Amendment also grants the public the right to petition the government with grievances.
Amendment II grants the individual States the right to keep a militia, regulated by the federal government. It also states that the people of this country have the right to keep arms that shall not be infringed upon.
Amendment III states that the military cannot commandeer a home for the purpose of quartering soldiers. The owner may consent to allow it. If the owner does not consent as such, that owner is constitutionally protected.
Amendment IV founds the “probable cause” idea. It states that no person shall be subjected to unreasonable search. If cause is established, a Warrant shall be issued that defines the place and/or person to be searched and the items to be seized.
Amendment V affirms that a Grand Jury is required to submit an indictment before a person is held to answer for a capital crime. It also provides that no person shall be tried for the same offence twice and no person shall be forced to enter testimony that would incriminate himself. Finally, it states that no private property is to be taken for public use without fair compensation for that property.
Amendment VI affords any person accused of a crime the right to be informed of the nature and cause of his accusation, a speedy and public trial, as well as to be judged by an impartial jury of his peers, the assistance of counsel, and the ability to produce witnesses in his favor.
Amendment VII speaks to the processes in a civil case. It grants the person that is being sued for more than $20 can demand a trial by jury. It also means that once the case is heard by a jury, it cannot be retried. Interesting side note, why $20? The standard that money was based on then was the gold piece. The largest coin in circulation at the time was a $20 gold piece. Oddly enough, the current standard of $400 for Small Claims Court is in line with that old standard, because the current value of a twenty dollar gold piece (barring collectability) is about $400.
Amendment VIII allows for persons convicted of crimes to treated fairly insofar as excessive fines and/or bail as well as humane treatment (the “cruel and unusual punishment” bar).
Amendment IX states the fact that certain rights are mentioned in the Constitution does not mean any rights that are NOT listed can be violated. Plain and simple.
Amendment X basically says that any power that is not given to the federal government is given to the people or the states.
As I have said many many times, the writers of this Constitution did not have a magical machine with which they could peer forward in time over 200 years to see what life was going to be like today. They simply made the rules as they saw fit for their lifetime and that of the two, maybe three generations to come. The concept of a “career politician” was not even remotely considered. They were true “civil servants” with real jobs and lives to which they returned when the Congressional session was concluded.
Congress must be heal accountable to the same rules, laws and regulations that they establish for the people being governed. It is not happening now, but we have the right to demand it.
I propose a new amendment to the Constitution that does just that. It would read a bit like this:
Any person serving in a Congressional capacity shall be limited to four (4) terms in office in that capacity. Further, only upon completion of the fourth term shall the Congress person receive a pension. That pension shall be determined utilizing the same guidelines as used for determining retirement benefits by the Social Security Administration. In addition, the Congress person shall be made to adhere to the same social rules and requirements as the people for whom they served, including but not limited to healthcare and Social Security Retirement Benefits.
Let's get this passed!!!
