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A Re-Write of the Bill of
Rights through the Preamble
By Robert Greenslade © Nitwit Press December 14, 2009 With the 218th anniversary of the adoption of the Bill of Rights only days away, every American who has graduated from high school should be able to explain the original intent of the Amendments in ten minutes or less. Unfortunately, this is not the case. The last thing the statists want is a constitutionally educated populace. Thus, government and the education system it controls continue to distort and hide the true intent of the Amendments. The goal of government is to convince the people of these United States that the document known as the Bill of Rights is the source of their rights and government was granted the constitutional authority to determine the extent of those rights. In other words, government views the Amendments as a source of power over the rights of the people. Fortunately, there is a quick and simple way to disprove this assertion and show the true intent of the Amendments. When the Bill of Rights was submitted to the States for ratification it contained a preamble declaring the purpose of the proposed amendments. The preamble contained three paragraphs, but most modern editions of the Bill of Rights, especially those printed by government, only include the third paragraph. This omission is intentional because a reading of the preamble shows that the first paragraph discloses the true intent of the Amendments:
The sole purpose of the Amendments, as stated in the preamble, was to prevent the federal government from “misconstruing or abusing its powers.” To accomplish this, “further declaratory and restrictive clauses” were being proposed. The Amendments, if adopted, would not grant the people any rights or grant the federal government the power to determine the extent of the people’s rights; they would place additional restraints on the powers of the federal government. Each restraint is either a qualified restraint or an out right denial of power. Based on the wording of the preamble, the Amendments placed constitutional prohibitions on the powers of the federal government to prevent that government from “misconstruing or abusing its powers.” I thought the best way to illustrate this point was to re-write the Amendments and insert restrictive language into each Amendment except the Tenth. This re-write is structured to preserve the original intent of the Founders as expressed in the preamble. Article I........................ Congress is expressly denied the power to enact any 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. Article II........................ Because a well regulated Militia is necessary to the security of a free State, the federal government is expressly denied the power to infringe on the right of the people to keep and bear Arms. Article III........................ The federal government is expressly denied the power to quarter any Soldier in any house, in time of peace, without the consent of the Owner, nor in time of war, except in a manner to be prescribed by law. (This Amendment contains an exception to the restraint and authorizes Congress to enact legislation to qualify the exception.) Article IV........................ The federal government is expressly denied the power to infringe on the right of the people to be secure in their persons, houses, papers, and effects from unreasonable searches and seizures, and the federal government is expressly denied the power to issue Warrants, 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. Article V........................ The federal government is expressly denied the power to hold any person 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 the federal government subject any person to a prosecution for the same offence to be twice put in jeopardy of life or limb; nor shall the federal government compel any person in any criminal case to be a witness against himself, nor shall the federal government deprive any person of life, liberty, or property, without due process of law; nor shall the federal government take private property for public use, without just compensation. Article VI........................ In all criminal prosecutions, the federal government is expressly denied the power to negate 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; nor shall the federal government deny the right to be informed of the nature and cause of the accusation; or the right to be confronted with the witnesses against him; or the right to have compulsory process for obtaining Witnesses in his favor, or the right to have the Assistance of Counsel for his defence. Article VII........................ In Suits at common law, where the value in controversy shall exceed twenty dollars, the federal government is expressly denied the power to negate the right to a trial by jury, and no fact tried by a jury shall be otherwise re-examined in any federal Court, than according to the rules of the common law. Article VIII........................ The federal government is expressly denied the power to impose excessive bail, excessive fines, or cruel and unusual punishments. Article IX........................ The enumeration in the Constitution of certain rights, shall not be construed to grant the federal government the power to deny or disparage others retained by the people. Article X........................ The powers not delegated to the federal government by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Since each Amendment is either
a
qualified restraint on the exercise of power or an out right denial of
power or
a combination thereof, the insertion of
restrictive phrases like “the federal
government is expressly denied the power” is
consistent with the original intent of the Amendments. As shown by this re-write of the Bill of Rights, none of the Amendments define or limit the extent of the individual rights of the people. The Amendments do, however, enumerate and define the extent of the restraints placed on the powers of the federal government concerning the rights of the people and the powers reserved to the States. The Amendments commonly known as the Bill of Rights are simply enumerated restraints on the powers of the federal government and an extension of the system of limited government established by the Constitution.
Your comments and feedback are welcome!
Some other, related reading: The Flawed Second Amendment Debate The Second Amendment and the Preamble to the Bill of Rights Another Look at the Wording of the Second Amendment Tell me why the States needed the so-called "Collective Right" Second Amendment? The Second Amendment is an Individual Right A Question For The Supreme Court
Book now Available! See Editor's review here. "The Bill of Rights
Does Not Grant You Any Constitutional
Rights" $10.00-includes shipping and any applicable sales tax. P.S.C.S. Email any questions concerning the book/booklet to Bob at-govtnitwit [at] yahoo.com
Robert Greenslade
focuses his writing on issues surrounding
the federal government and the Constitution. He believes politicians at
the federal level, through ignorance or design, are systematically
dismantling the Constitution in an effort to expand their power and
consolidate control over the American people. He has dedicated himself
to resurrecting the true intent of the Constitution in the hope that
the information will contribute, in some small way, to restoring the
system of limited government established by the Constitution.
If you are interested in finding out more about the Constitution, take a look at this book. I use it in many of my articles and it is the best book I've found on this subject. Bob Reprint of the 1868 edition. ''Perhaps the ablest analysis of the nature and character of the federal government that has ever been published. It has remained unanswered.'' This review of Judge Story's Commentaries on the Constitution of the United States is perhaps the ablest analysis of the nature and character of the Federal Government that has ever been published. It has remained unanswered. Indeed, we are not aware that any attempt has been made to challenge the soundness of its reasoning. The great vise of Judge Story and the Federalists consisted in desiring the clothe the federal government with almost monarchical power, whereas the States had carefully and resolutely reserved the great mass of political power for themselves. The powers which they delegated to the federal government were few, and were general in their character. Those which they reserved embraced their original and inalienable sovereignty, which no state imagined it was surrendering when it adopted the constitution. Mr. Madison dwelt with great force upon the fact that ''a delegated is not a surrendered power.'' The states surrendered no powers to the federal government -- they only delegated them. 160 pages. |
Please see the bottom of the page for Bob's book offer. Archives The 2004 Declaration of Independence The Constitution and YOU Part 1 The Constitution and YOU Part 2 The Constitution and YOU Part 3l A Question For The Supreme Court The Second Amendment Question before the Supreme Court is Constitutionally Flawed and Dangerous It's Time To Break Out The Torches And Pitchforks! Constitution to Hillary, Obama and McCain Congress Makes the Laws not the President Do the American People really want Liberty and Constitutional Government? The Real ID Act proves the Federal Government is Not the All Powerful Oz There is no Legal Requirement for an American Citizen to have a Social Security Number The American People have become Servants to Government Employees A Republic, if you can Keep It Is Obama Ineligible to be President? The Game Changing Play John McCain and the Republicans Need to Win the Election Lawsuit Challenging Obama's Qualifications to be President Dismissed just as Predicted A Tenth Amendment Commission is not the Answer There Is a "New" Declaration of Independence, Mr. President The FairTax and The Sixteenth Amendment The Federal Government is using the General Welfare Clause to Steal your Money The
General Welfare Clause is the Enemy not the Sixteenth Amendment The Tea Party Movement Needs a Shield and Some Tactics The
NEW 2009 Declaration of Independence The Constitution does not Grant the Federal Government the Authority to Establish a so-called National Health Care Program Complete Archives for Robert Greenslade
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