Saturday, December 15, 2007

Happy Bill of Rights Day

I’ll bet you didn’t know that today, December 15, back in 1791, the Bill of Rights was finally ratified.

“So what,” you say. It’s like this. You probably haven’t heard of this before but there is a preamble to the Bill of Rights that explains why there is a Bill of Rights.

The 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.


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 ensure the beneficent ends of its institution.

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.

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.

Without the promise of a Bill of Rights, “a number of states” wouldn’t have signed the Constitution. Without the Constitution, we wouldn’t have had a basis for government in these here United States. So, they’re kinda important. At least as important as the Declaration of Independence vote on July 2, 1776.

So please forgive me if I get just a little political on the second most important day in American History.

Now, one of my favorite authors, L. Neil Smith, wrote a piece that describes what the Bill of Rights ought to be, instead of what it is considered to be by TPTB (the powers that be). It’s called A Glimmer of Hope. I hope that you follow the link, read it, and reflect on it.

One of the interesting habits the lead character in the book the quotes from the article were taken was to inform people about a right that dates back to the common law of the Magna Carta that’s not found in the Bill of Rights that the Supreme Court decided that you didn't need to know about in 1895. I’m going to post it at the end of every post from now on.

Feliz Navidad!

"As a juror, I will exercise my 1000-year-old duty to arrive at a verdict, not just on the basis of the facts of a particular case, or instructions I am given, but through my power to reason, my knowledge of the Bill of Rights, and my individual conscience. When needful, I will judge the law itself." -L. Neil Smith

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