Happy Constitution Day! What a great day to start our journey through the amendments.
First Amendment – 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.
Congress cannot pass a law to establish an official government religion or pass a law that stops people from practicing their religion. They cannot pass a law to restrict the freedom of speech, freedom of the press, the right of people to peaceably assemble, or the right to petition the government.
This one is pretty straightforward and probably the best known amendment. People quote various aspects of it regularly. And I would agree these are some of our most fundamental rights. The freedom of religion is our most fundamental right, and was a very novel thing back in our early days as a country. Most places had state religions, but we are founded, at least partly, on the fact that we will not. And this is a GOOD thing! If my religion becomes our official government religion, what’s to stop it from becoming someone else’s religion tomorrow? And what if that religion restricts my religion? Or they believe in restricting my rights? When we have the choice between the government getting involved or not, I choose NOT. I think it’s also important to note what the first right is – freedom of religion. Everything the framers did was intentional and thoughtful, including this.
I’m a pretty hardcore free speech absolutist. I think that people should have the right to say all the horrible things they want. I have the right to disagree. But once we start policing what’s okay and what’s not okay, it’s too late. If it’s illegal to say bad things about a person or a group of people now, what’s to stop it from being illegal to stop you from saying things about someone else in the future? Most people NEVER think that’s going to happen, but this has been happening all around us for the last 10 years or so. They assume our society is mostly sane enough to keep a lid on the complete crazy being unleashed. I couldn’t disagree more. When we give an inch on our rights, they will take a mile. People of course confuse the right to free speech with the right to not have consequences from saying them – you can say whatever you want, but you are not free from the consequences of your words.
The freedom of the press is a very important right. It doesn’t really exist anymore, but mostly because the press is largely controlled through a little thing called Operation Mockingbird. Look it up sometime – the press is not free.
Back in 2020, people complained that closing the churches was the government restricting their freedom to practice their religion. I guess that’s true in a sense, but to me, the bigger Constitutional right they destroyed then was our right to peacefully assemble. It wasn’t illegal to BE a Christian. It wasn’t illegal to read your Bible or sing hymns, but it was illegal (kind of) to go to church. Not everyone agrees with me on this, and that’s okay. But going to church is not a requirement for practicing your religion. Should you go to church every week? Absolutely. But are you suddenly not a Christian if you don’t go one week? Absolutely not. The freedom and right to assemble are lesser known aspects to me in the first amendment, but they are very important.
The freedom to petition is of course important, and too many people neglect to regularly exercise this right. We have a representative form of government. This means our officials work FOR us, not the other way around. The best way to keep our government in check is to stay locked in all the time, not just when things are bad. If you want to know how to get more involved, let me know. I got you.
Second Amendment – 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.
Because a well-regulated militia is necessary to maintain a FREE STATE, the right for individuals to keep and carry weapons shall not be restricted.
Another very well-known amendment. You know in Seinfeld when George’s dad is doing the airing of the grievances for Festivus and he’s like “I got a lotta problems with you people!” – well, that’s how I feel about basically every word in the 2nd amendment. I got a lot to say about this to you people!
So. People always just say our 2A rights are the right to bear arms. And yes, that’s a main part of it. But what’s the first part of this sentence? A well-regulated militia is necessary to maintain a free state. A militia is a group of people who are not full-time professional soldiers, but just regular citizens. The founders were very skeptical of a full-time standing military. They knew a military run by the federal government was a potential threat to the rights and freedoms of everyday Americans.
Again. People don’t ever think this could happen in America. They see militaries and tanks harassing citizens in China or North Korea, and think “never here!” But we are all humans. Humans are fallen and sinful creatures. The allure to silence your enemies or a desire to order people into shape exists in all of us. We see this all. the. time. Candidates run as pro-freedom, limited government, etc etc and then they get one WHIFF of power, and they change. 99.9999% of the time.
Man, this post is getting long. So ranty. BUT THIS STUFF MATTERS!
“Well-regulated” does not mean the right to regulate (as in restrict) the private ownership of guns. SCOTUS has ruled on this, and it lines up with the phrasing and language of the day when this was written.
Also. The 2nd amendment does not specifically mention guns. It’s talking about arms meaning weapons – knives, swords, etc. Our right to bear guns has been litigated more times than I can count. People don’t really bat an eye when they hear about the banning of carrying a knife. They say, “Why would I need to carry a knife? I’m not going to stab someone.” But that’s not the point! If there’s one thing I hope all four of you reading understand, it is that our founders and framers did not write things thinking that we live in a utopia where people never have bad intentions. They wrote things KNOWING everyone can have bad intentions! And governments can easily become tyrannical with the worst intentions of all. If we keep their intentions and power in check, we can maintain our freedom.
Side note: I saw a meme one time talking about libertarianism around the world. It said that libertarians in America complain we aren’t allowed to have tanks when the government does, while other libertarians are just trying to get simple rights like carrying a pocket knife on a subway. I laughed. I know we have a lot of rights here, and I don’t take them for granted. But it is also a good thought experiment to draw out the language the framers wrote to their “most extreme” end and see where you land. This helps you understand what you really believe. If you reach a different conclusion then I do, great. At least you actually thought about things and learned what you really believe. It’s especially enjoyable to me to carry out these thought experiments with the amendments. These are some of our most basic rights, spend time thinking about them!
Third Amendment – 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.
In peacetime, no soldier shall be housed in someone’s private home without the owner’s consent. During wartime, a soldier may only be house in a private residence in circumstances created and outlined in law.
People think this is a random amendment. It’s actually the least litigated of all the amendments. You probably know that the dirty Brits forced Americans to house and feed British soldiers. This is so WILD to us today. I think this is a great example of a government gone crazy. You want to assert your power? Forcing someone to take someone into their home that they do not know and probably do not like, and forcing that person to feed this stranger is really just the government flexing their muscles. You think you have rights? Think again! We can make you give home and food to anyone we want. Wild.
Thankfully, this practice does not exist today. Who knows if it would have continued without this amendment, though. The fact that it seems crazy to us that they needed to ban this back then kind of shows me how much freedom we actually have that we can easily take for granted.
Fourth Amendment – 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.
We have the right against unreasonable search and seizure of our body, home, papers, and belongings. This right shall NOT BE VIOLATED. Warrants may only be issued in cases of probable cause issued under sworn oath, and the warrant must clearly describe the place to be searched and the person/thing to be seized.
“Unreasonable search and seizure” is of course an important phrase in this amendment. “Unreasonable” can easily be abused. If I’m caught speeding, is that a reason for search and seizure of my car or body? I have my own thoughts about this, but like I said in the 2A stuff, what do you think? Draw this out to it’s “most extreme” end and reach your own conclusion.
The stuff about the warrant? Also very important. Since the Patriot Act, I would argue we have lost a lot of our rights to privacy in the name of safety. If you think the government should be able to listen to your phone calls to your cousin in Iraq without a warrant because you have nothing to hide, but someone else may have something to hide and listening to their calls to Iraq reveals they’re going to cause harm to us, then okay. You’ve at least thought about this issue. But I vehemently disagree. As we will soon discuss, you are innocent until proven guilty. Casting a wide net through things like Flock cameras or the Patriot Act erode the rights of millions of people.
These arguments about catching one bad guy at the infringement of the rights of a million good guys are how these things get passed. And once they start to erode a freedom by a millimeter, the train has left the station and there’s basically zero chance of going back. By the time most people realize our freedom has been eroded, it’s way too late. When given the choice to give the government power or not, I always say NOT.
Of all of the amendments in the Bill of Rights that have eroded the most in application over time, the 4th amendment has to be at the top of the list. We live in a surveillance state. Call me a conspiracy theorist all you want. Read Edward Snowden’s book. Count the cameras you pass from home to work. Notice the number of emails you get you never signed up for. Look through the settings on your phone to see what is being saved and tracked. There is so much data out there on all of us. Get informed about what’s really going on, and then if you still think I’m a conspiracy theorist, you’re free to call me all the names you want after you have taken the time to get informed yourself.
Fifth Amendment – 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.
Nobody can stand trial for a capital or serious crime unless a grand jury has charged them first except in cases where they are actively serving in the military or militia. No one can be tried for the same crime twice in a way that again puts their life or body at risk. Nobody can be forced to testify against themselves. Nobody can have their life, liberty, or property taken from them without due process, and private property cannot be taken for public use without fair compensation.
This isn’t explicitly where “innocent until proven guilty” comes from as that comes from a combo of a few amendments, but you can see it here: you cannot lose your life, freedom, or property without due process.
The gist of this amendment to me is that it should be very difficult to charge and convict a person with a crime. This isn’t because we want criminals to run free, but it is because of the power wielded by the government. Liberty is an essential human right. If that right is going to be taken from a person, we need to be really sure they deserve to lose that freedom. People assume libertarians don’t want criminals to be punished, that they want to live in a land without laws.
False.
It’s an easy thing to talk about someone “deserving” the death penalty or a life-sentence. But what if you’re the one who has to turn on the electric chair? Wouldn’t you want to be reallllly sure the person did the thing they’re accused of doing? As a society, every time someone is executed or imprisoned, it is on us. We elect the people who pass and sign the laws. We often elect the judges, or at least the people who appoint them. In a way, it’s up to each of us to be sure people deserve the punishments we are handing out because life and liberty are ESSENTIAL RIGHTS. If we are going to allow the government to take those rights away, because again, the government works for us, it is my opinion we should want those standards to be very high before those rights are taken. And if, heaven forbid, you should one day be accused of a crime, you will hope your life or liberty is taken away only if it can be proven you committed the crime. You never think it’s going to happen to you. But as government grows, our rights erode. That’s just how things work. The founders and the framers knew this. I hope we do, too.
In honor of Constitution Day, I hope you will take some time to think and discuss these amendments. Think about what they mean, both to you and for you. Think about what it would mean if our government was bigger, smaller, more tyrannical, or less tyrannical. We live in a wonderful place, but only as long as we can maintain our freedoms.
